Appellant McCowen Brief - Mass Cases
Appellant McCowen Brief - Mass Cases
Appellant McCowen Brief - Mass Cases
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The trial court called Miranda "a pleasant woman<br />
known to this jurist from her frequenting tlhe local<br />
courts - often enough that she leaves baked goods for<br />
the security staff." But her decision to approach an<br />
author, not a court officer, proved she was "seeking her<br />
15 minutes of fame." Without warrant, the court noted<br />
two of her sons had priors, making it likely the 74-<br />
year-old harbored "resentment towards law enforcement."<br />
APP. 227-229.<br />
Factually and legally flawed, the trial court's<br />
decision ignores that three deliberating jurors swore to<br />
grave misconduct on the part of three other deliberating<br />
jurors, involving half of <strong>McCowen</strong>'s jury. This Court<br />
must order a new trial.<br />
V. TEE MOTION FOR NEW TRIAL BASED ON WITHHOLDING OF<br />
EXCULPATORY EVIDENCE SHOULD m mm BEEN ALLOWED.<br />
<strong>McCowen</strong> moved for a new trial pursuant to <strong>Mass</strong>. R.<br />
Crim. P. 30(b). The prosecution withheld requested,<br />
material exculpatory evidence including Corrmonwealth<br />
witnesses ' criminal records and the State Crime Lab's<br />
gross deficiencies. App. 251,527.' The trial court's<br />
denial of the motion, without hearing, was reversible<br />
error. hpp. 550. <strong>McCowen</strong> had moved for discovery of all<br />
intra- and inter-departmental records and reports;<br />
' This matter has also been fully briefed in the submissions contained<br />
in the Appendix. App. 527.<br />
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