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Appeals court debates withheld videos and DCF records in Noel convictions challenge
Summary
In Commonwealth v. Noel, defense counsel said excluded DCF records, medical photos and missing video/stills prevented proper harmless-error review; the Commonwealth told the court the record contained corroboration and urged deference to trial rulings. The panel discussed whether the court should obtain the videos into the appellate record.
Benjamin Brooks, representing Helmedine Noel, told the appeals panel the record on appeal lacks critical evidence — still photos and video that defense counsel say show distinctive beauty marks and the defendant’s patchy thigh skin — and that exclusion of DCF/medical records and limits on cross-examination deprived Noel of a meaningful opportunity to attack the complaining…
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