Appeals court hears challenge to denial of Rule 30B motion in Freeman habitual-offender case

The Massachusetts Appeals Court heard oral argument in Commonwealth v. Freeman on whether a motion judge erred in denying a Rule 30B motion to vacate habitual-offender findings after the defendant declined a plea-related sentencing recommendation.

Michael Warrias, counsel for defendant Anthony Freeman, told the three-justice panel that the motion judge “made several findings that I feel were not supported by the record, and ignored findings that should have been made,” and argued that Freeman’s decision not to accept a plea-linked sentencing recommendation was influenced by ineffective assistance of trial counsel and by statements from the trial judge that gave Freeman “solace and confidence” in his choice. “I represent Mr. Freeman. And today we're on appeal from a rule 30 b motion out of Suffolk Superior Court,” Warrias said.

Mackenzie Simon, arguing for the Commonwealth, asked the court to affirm the denial of Freeman’s second motion for a new trial. “I disagree with my brother that, the court is not entitled to review affidavits from defendants and deem them to be, in their own self interest and biased,” Simon said, arguing that the defendant had not carried the…