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Massachusetts Appeals Court hears Jones appeal over jury instruction, stop and suppression issues
Summary
At oral argument in Boston, attorneys for Lorenzo Jones and the Commonwealth disputed whether pretrial rulings and an informant's later statements undermine the stop and the evidence; the panel took the matter under submission after both sides told the court Crowder/Guardado permit retrial on the gun charge.
The Massachusetts Appeals Court in Boston heard argument in 24P0834, Commonwealth v. Lorenzo Jones, in which defense counsel said alternate appellate arguments could bar retrial on a gun-possession count even though the parties concede a Guardado error. Attorney Christopher de Mayo, representing Lorenzo Jones, told the three-judge panel the court should consider challenges to the sufficiency of the evidence, jury instructions and the legality of the morning stop and search.
The case matters because both sides agree Crowder/Guardado principles allow retrial on the gun charge but disagree whether other errors — including how the grand jury was presented the case and a later interview of the confidential informant — should preclude retrial. If the panel concludes those other arguments have force, it could limit what…
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