Appeals court weighs claim that defense counsel’s misconduct tainted a package plea

A three-justice panel heard argument in Commonwealth v. Terry Lewis about whether alleged misrepresentations by defense counsel contaminated a global plea agreement and whether that contamination entitles Lewis to withdraw his guilty plea.

Attorney Dan Ciccarlo told the court his client was given a "universal" or package deal containing drug and nondrug counts and that defense counsel’s dishonesty prevented him from making informed decisions about separate matters. Ciccarlo described the defense attorney’s conduct as "egregious," argued that the misconduct permeated the pleas, and urged relief under principles analogous to Dugan/Henry.

Commonwealth counsel Rob Kidd responded that Massachusetts precedent permits separating charges and applying different analyses where misconduct affects only some counts: "Chetwynd held that ... that was de facto almost like egregious conduct," he said, arguing the Dugan/Henry line allows courts to vacate particular counts while leaving others intact. The panel pressed both sides on whether the defendant had shown prejudice sufficient to vacate non-drug counts and on the limits of structural-error doctrines.

After oral argument, the court took the appeal under advisement.