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Panel debates Counterman, mens rea and immediacy in threats case
Summary
In Commonwealth v. Wilfredo Santiago, defense argued post-Counterman standards require subjective awareness (recklessness) for true-threats convictions and that evidence lacked immediacy; the Commonwealth said showing a gun plus words could reasonably support an immediate-threat inference and sustain convictions.
The appeals court heard argument in Commonwealth v. Wilfredo Santiago on Jan. 5, where the appellant contended that recent First Amendment precedents require a subjective mens rea for threats and that the evidence in this case was insufficient to show an immediate threat.
Daniel Wood, arguing for Wilfredo Santiago, urged reversal on the ground that Counterman (and Massachusetts' interpreting case Cruz) require a…
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