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Panel debates whether jurors seeing handcuffed defendant required reversal in Commonwealth v. Pacheco
Summary
In Commonwealth v. Pacheco the defense argued a videotape shown to jurors that depicted the defendant in restraints prejudiced the trial; the court questioned whether the trial judge had an obligation to address the restraint on the record or to give a curative instruction sua sponte.
The Appeals Court questioned whether a trial judge must address on the record the prejudicial effect of showing jurors a recording that depicts a defendant handcuffed during police interrogation and whether failing to do so could be structural error.
Attorney Jennifer Peterson told the panel the visible restraints were 'highly prejudicial' and argued the…
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