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Appeals court hears argument over whether grand jury supported dual life‑felony indictments in Commonwealth v. Caggiano
Summary
Defense counsel told a three‑justice panel the grand jury lacked probable cause for two life‑felony indictments based on one incident; the Commonwealth said grand jury minutes and a SANE interview supported separate touchings. The court took the matter under advisement.
A three‑justice appeals panel on Tuesday heard competing arguments over whether the grand jury properly returned two separate life‑felony indictments in Commonwealth v. Caggiano.
Jennifer Peterson, representing Peter Caggiano, told the court the Commonwealth presented a single incident to the grand jury and later changed the theory of prosecution weeks before trial, resulting in convictions on two separate counts. "The grand jury should not have gotten that indictment as…
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