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Appeals Court hears paired Barnacle appeals over witness intimidation and reckless-endangerment verdicts
Summary
The Appeals Court heard paired appeals in Commonwealth v. Brian Barnacle and Commonwealth v. Crystal Barnacle. Defense lawyers argued key convictions turned on improper inferences and misstatements about witness testimony; prosecutors said the context and prior abuse history supported convictions. The court took the cases under advisement.
A three-judge panel of the Massachusetts Appeals Court heard arguments in two companion appeals challenging convictions tied to alleged witness intimidation and reckless endangerment.
Defense counsel Lisa Maderos told the court the required‑finding on an intimidation charge against Brian Barnacle should have been entered because the record lacks proof he specifically intended to intimidate the neighbors. Maderos said the prosecutor had misstated testimony in closing and that the evidence showed Barnacle was a familiar presence in a common area — not a figure trying to eavesdrop or look into windows. "The required finding should have been allowed," Maderos told the panel.
The justices repeatedly pressed whether…
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