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Defense says missing lab certificate at trial warrants new trial in Henderson appeal
Summary
In an appeals hearing, defense attorney Philip Weber argued that trial counsel’s reference to a drug “certificate” that was never admitted into evidence amounts to ineffective assistance and likely prejudiced the jury, while the Commonwealth urged the court to defer to the trial judge’s finding that counsel’s performance was not prejudicial.
Attorney Philip Weber argued before the Massachusetts Appeals Court on behalf of Alexander Henderson that trial counsel’s closing centered on a drug “certificate” that was not in evidence and that omission likely changed the jury’s verdict.
Weber told the three-justice panel that the missing document was “the culmination of this closing argument” and said jurors even asked during deliberations, “Can we see the drug certificate?” He urged the court that the omission…
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