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Appeals court hears challenge to prosecution's closing argument in sexually dangerous person case
Summary
The Appeals Court heard arguments in Commonwealth v. Robert Earl over whether the prosecutor's closing argument and the Commonwealth's risk-evaluation evidence created a substantial risk of miscarriage in an SDP adjudication.
The Appeals Court heard arguments in Commonwealth v. Robert Earl, an appeal from a jury adjudication under the Sexually Dangerous Person (SDP) statutes. Edward O'Brien, counsel for Robert Earl, asked the panel to overturn the commitment on the ground that the prosecutor's closing argument was unduly inflammatory and risked 'tainting' the jury's consideration of the central statutory question: whether Earl posed a present risk of reoffending.
O'Brien focused on two types of allegedly improper argument. First, he argued the prosecutor's opening sentence that the defendant 'committed despicable, horrible things to three innocent victims' was an inflammatory…
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