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Panel addresses constitutional challenge to witness-intimidation statute
Summary
The Appeals Court heard arguments in Commonwealth v. Candelo over whether the statute's 'reckless' culpability standard is overbroad after Counterman and whether jury instructions allowed conviction without proof of specific intent.
Defense counsel Owen Murphy urged the panel to invalidate the statute’s reckless-intent provision or at least reverse his client's conviction as applied, arguing that, after the Supreme Court’s decision in Counterman, the recklessness standard can sweep into protected speech and chill legitimate "justice-seeking" conduct. "The reckless intent provision in the…
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