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Defense urges expanded Portillo protections after missing Spanish transcript in Figueroa appeal
Summary
In Commonwealth v. Figueroa, defense counsel argued the Commonwealth failed to provide a verbatim English transcript or certified translation of a Spanish-language interview and asked the Appeals Court to extend Portillo safeguards where self-defense was central and the defendant later testified. The prosecutor said the record contains audio and a police-report summary; the court reserved decision.
Defense counsel Genevieve Henrique told the panel that the record lacks a verbatim English transcript or certified translation of a Spanish-language recorded interview the Commonwealth relied on, and argued that omission prejudiced trial preparation and fairness. “This was a fact driven case, and this analysis should be fact driven as well,” Henrique said, adding the absence of a word-for-word transcript impeded defense counsel’s ability to prepare and to test whether an officer’s summary accurately reflected the defendant’s statements.
The panel…
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