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Defendant in 25P786 asks appeals court for new trial, says witnesses were "backdoor" first‑complaint evidence

Judicial - Appeals Court Oral Arguments · March 6, 2026
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Summary

In Commonwealth v. Muda (25P786), defense counsel told the appeals court that multiple witnesses were used only to bolster the victim’s credibility and that cumulative misstatements in closing argument and a withheld DNA expert deprived the defendant of a fair trial; the court took the matter under advisement.

Defense counsel Adrianna Condorcese argued to the three‑justice panel in Commonwealth v. Muda that testimony from several witnesses — a SANE nurse, friends identified in the trial transcript as Hilda/Calderon and Arnie — was improper "backdoor" first‑complaint evidence that served only to bolster the victim’s account. She told the court the witnesses had no independent relevance and that their testimony allowed the jury to infer facts the Commonwealth had not properly established.

Condorcese said the defendant presented three principal issues on appeal: (1) admission of what she called backdoor first‑complaint…

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