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Appeals court hears challenge over undisclosed recordings and text-message authentication in Commonwealth v. Ganguly
Summary
Defense attorney Tara Ganguly told an appellate panel the motion judge used the wrong standard in denying a new trial after the Commonwealth failed to turn over recorded interviews and hundreds of text messages; the prosecutor conceded disclosure lapses but called the undisclosed material marginal and harmless.
An appellate panel heard argument in Commonwealth v. Ganguly on issues the defense says require a new trial: alleged nondisclosure of recorded witness interviews and the admission of unauthenticated text-message exhibits.
"I've raised 2 issues for the court this morning, starting with the denial of the motion for new trial," defense lawyer Tara Ganguly told Justices Mead, Massing and Brand. Ganguly argued the motion judge applied a "substantial risk" test rather than the lesser "might have affected the outcome" standard she says Massachusetts precedent requires for prejudice in Brady-type nondisclosure claims.
Ganguly told the court the most significant undisclosed material was the recorded interviews of a…
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