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Appeals Court hears challenge to gun-possession conviction over ambiguous recorded interrogation
Summary
Lawyers for Alexander Benitez Morales told a three-judge panel the recorded interrogation and a language barrier left the Commonwealth’s constructive-possession case insufficient; prosecutors said the search, officer testimony and video together supported the jury’s verdict.
The Massachusetts Appeals Court heard arguments in Commonwealth v. Alexander Benitez Morales over whether evidence presented at trial was sufficient to prove Morales constructively possessed a firearm.
Appellate counsel Kevin DeMello argued the recorded interrogation used at trial was ambiguous, that a language barrier undermined any knowing Miranda waiver and that the Commonwealth failed to prove intent to exercise dominion and control over the weapon. “This recorded interrogation was highly problematic,” DeMello told the panel, citing the difficulty of understanding parts of the recording and arguing that the video and officer testimony did not establish the intent…
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