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Pro se appellant David Yard urges appeals court to revisit alleged withheld evidence and disputed forensic analysis
Summary
The Massachusetts Appeals Court heard oral argument in Commonwealth v. Yard, where pro se appellant David Yard argued prosecutors withheld exculpatory material and that post‑trial forensic analyses undermine the prosecution’s account; the panel heard competing views on whether those issues are properly in the appellate record and submitted the matter for decision.
The Massachusetts Appeals Court heard oral argument in Commonwealth v. Yard, an appeal from a 2012 homicide conviction, where pro se appellant David Yard told a three‑justice panel the record contains evidence and expert analyses that were not properly considered below and that, he said, establish he did not fire the fatal shot.
Yard told the panel he had sought to supplement the appellate record with an affidavit and later expert reports that, he said, show timing and trajectory measurements inconsistent with his having been the shooter. He said "four different experts came to the same conclusion independently" and urged the court to consider that science alongside the trial record.
The panel, led by Judge Desmond, pressed Yard on which of the five issues listed in his…
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