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Appeals court weighs whether kidnapping charge requires intent to confine in Del Valle Rodriguez case
Summary
Philip Weber told the appeals court that three kidnapping counts should be dismissed for lack of intent to confine; the Commonwealth countered that Massachusetts law accepts a general-intent approach and that brief restraint or fear can satisfy confinement.
The appeals-court panel led by Justice Vicky Henry heard March 9 argument in Commonwealth v. Del Valle Rodriguez on whether the evidence supports three kidnapping convictions.
Philip Weber, representing Del Valle Rodriguez, told the court he was challenging all three kidnapping counts and argued the defendants' conduct did not show an intent to confine victims: the vehicles were stuck in mud, and he said the defendants'…
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