Appeals Court weighs necessity defense, unanimity instruction and juror accommodations in Mendez appeal

Justin Dashner, counsel for Eduardo Mendez, asked the Appeals Court to reverse parts of Mendez’s conviction on multiple grounds: the denial of a necessity jury instruction for an assault and battery charge in violation of a restraining order; the absence of a specific unanimity instruction for multiple alleged touchings; and trial‑court handling of juror issues including a hard‑of‑hearing juror and a juror with professional expertise in memory.

Dashner said Mendez admitted the physical contact but insisted his testimony showed he grabbed the complainant to prevent her from jumping…