SJC hears appeal in Commonwealth v. Luis Gomez over identity evidence and trial judge's reduction of verdict

The Supreme Judicial Court heard oral argument on SJC-13324 in Commonwealth v. Luis Gomez, with defense counsel Jelice McDonough urging that "the video was too unclear for the jury to determine beyond a reasonable doubt that the shooter was mister Gomez," and asking the court to reverse on sufficiency and related evidentiary grounds.

McDonough told the justices that the trial record relied heavily on video surveillance and the Commonwealth's piecing together of three clips'the arrival footage, interior club footage and the exterior shooting clip'and that identifying Gomez required "piling inference upon inference." She argued the Commonwealth "usurped the role of the jury through both its argument and testimony," citing testimony and the prosecution's closing that, she said, effectively vouched for the identification.

The defense also pointed to testimonial and physical inconsistencies: the witness statement of Mr. Nieves (referred to in the record) described the shooter as wearing a gray sweatshirt while trial photographs showed Gomez in a blue shirt or sweatshirt inside the club; Nieves pointed out the shooter on the video but "he doesn't ever identify who that person is," McDonough said; and there was testimony about Gomez…