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Appeals Court hears ineffective‑assistance claim over disputed surveillance audio in paint‑can case
Summary
In Commonwealth v. Joseph Green, defense counsel argued that trial counsel’s decision to introduce a defense‑side surveillance video that contained a faint thud was manifestly unreasonable and deprived Green of a fair trial; the prosecution said the video had strategic exculpatory value and the trial judge found counsel’s choice reasonable.
Jennifer O’Brien argued for Joseph Green that trial counsel’s tactical decision to introduce a neighborhood surveillance video—what counsel called the “Mackenzie” video—was manifestly unreasonable and was the key inculpatory exhibit that led to conviction.
O’Brien told the Appeals Court the underlying evidence, absent that video, was weak: a four‑hour window on Oct. 4, 2021, during which a white SUV drove past a driveway and a paint can was thrown. She…
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