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Appeals court hears challenge to denial of plea-withdrawal where prosecutor’s DNA statements are disputed
Summary
In Commonwealth v. Andrews, defense counsel argued the motion judge improperly relied on two documents and ignored testimony and discovery showing ADA Pisano told defense counsel about DNA results on Feb. 29, 2000; the Commonwealth urged deference to credibility findings after an evidentiary hearing. The panel submitted the case for decision.
Andrew Crouch, arguing for defendant Michael Andrews, told the appeals panel that the trial judge rested her denial of his client’s motion to withdraw a guilty plea on two contested documents — a fax cover sheet and a signed (“wet”) letter — while failing to account for testimonial and discovery material that, defense counsel said, showed the prosecutor had told defense counsel of DNA results on Feb. 29, 2000.
Crouch urged the court to review documentary evidence de novo,…
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