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Appeals Court weighs alleged trial errors, translation and prior‑act testimony in Kamal v. Silva Duarte
Summary
Appellate counsel argued the trial was prejudiced by a skewed translation of the defendant’s statement, admission of a witness’s testimony tied to a different count, and the absence (or improper form) of an 'accident' jury instruction; the Commonwealth said a transcript existed and any errors were not prejudicial.
The Appeals Court heard arguments in Kamal v. Elena Silva Duarte, Docket No. 2024‑0292, where defense counsel Joanna Sandman urged reversal because of multiple trial errors that she said, in combination, irreparably undermined the defendant’s accident defense.
Sandman told the panel the trial court erred by admitting testimony from a witness identified as RH after the related count was removed, permitting the Commonwealth to bootstrap RH’s testimony in a way that prejudiced…
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