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Appeals court questions trial record on defendant'led defense and access to CODIS data in Commonwealth v. Hempel
Summary
The Appeals Court heard argument over whether the trial court deprived a defendant of the right to counsel by encouraging him to represent parts of his defense, and whether CODIS DNA analysis should have been disclosed to defense counsel.
The Appeals Court heard argument over whether the trial court deprived a defendant of the right to counsel when it encouraged him to question witnesses and make a closing argument, and whether the defendant or his counsel were entitled to access CODIS database analysis relating to DNA evidence.
Defense attorney Joel Goldblatt told the panel the judge''encouraged the defendant to 'take over his own defense' and question witnesses rather than explain that counsel decides which witnesses to call. The bench pressed whether the record contains the sort of colloquy that the Supreme Judicial Court and federal precedent treat as necessary to show an intelligent, voluntary…
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