Appeals court hears argument that videotaped deposition denied defendant fair confrontation

Chief Justice Amy Blake and a three-justice panel heard argument Tuesday in Commonwealth v. Bernardo Simas (Docket No. 24-P-360) over whether a videotaped deposition admitted at trial violated the defendant’s confrontation rights and whether trial counsel provided ineffective assistance.

The defense argued the videotape was inadmissible and prejudicial because it “zoomed in solely on [the witness’s] face,” preventing jurors from seeing the confrontation as it occurred. Zachary Long, counsel for the appellant, said, “The videotaped deposition in this case was inadmissible, and the Commonwealth’s only witness stated unequivocally that she was not going to return to The United States.” Long…