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Appeals Court Hears Challenge to Trial Rulings in Commonwealth v. Forrester
Summary
In Commonwealth v. Forrester, defense counsel argued that exclusions of multiple witnesses and a trial judge’s curative instruction naming defense counsel prejudiced the defendant; the Commonwealth urged most claims were unpreserved or harmless and highlighted split verdicts and corroborating evidence.
The Massachusetts Appeals Court heard argument on Dec. 11 in Commonwealth v. Forrester, where defense attorney Dana Kerhan told the three‑judge panel that a string of trial rulings deprived Frederick Forrester of a fair defense. Kerhan said three of five potential witnesses were barred from testifying about the complainant’s behavior and that restrictions on cross‑examination and a curative instruction that referenced defense counsel created cumulative prejudice.
Kerhan said the defense “was trying to show a negative” by having several building staff testify they had not observed the behaviors alleged, but that only…
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