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Defense says evidence was insufficient to tie audio/video to fatal injury; prosecutors say record supports conviction
Summary
Defense argued the Commonwealth failed to link an audio/video clip of 'thumps' and sparse external injuries to the infant’s fatal internal injuries, while the prosecutor said treating doctors and experts together provided a sufficient record for the jury to find involuntary manslaughter.
At oral argument in Commonwealth v. Shu Feng Hsu, defense counsel Christopher DeMayo urged the court to reverse a conviction for involuntary manslaughter on sufficiency grounds, arguing the Commonwealth’s theory relied on speculative inferences from an audio/video clip and limited external signs on the victim.
DeMayo described the prosecution’s case as circumstantial and highlighted four factors he said produced a wrongful conviction: the emotional nature of the case, the use of expert witnesses, the defendant’s limited English proficiency,…
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