SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases

STATEMENT OF THE CASE
Dirk K. Greineder ["Greineder"] was convicted of the
first degree murder of his wife, Mabel ["Ms. Greineder"] .
His direct appeal was stayed to permit him to file a
motion for new trial, which was remanded to the trial
judge (Chernoff, J.) . On October 31, 2007, Judge Chernoff
denied Greineder's amended motion for new trial.
STATEMENT OF RELEVANT FACTS
An overview of the trial evidence is set forth in
the trial judge's 61-page appendix to his decision
denying Greineder's new trial motion. A 912.l The facts
relevant to each of the specific arguments herein appear
in those respective sections of the brief.
SU'MWRY OF THE ARGUMENT
Greineder's constitutional right to a public trial
was violated when all of juror voir dire took place in
private. (pp. 2-6) The admission of inculpatory DNA test
results, over objection, through a witness who neither
conducted the testing nor reviewed the raw data violated
Greineder's constitutional right to confrontation and the
rule against hearsay. (pp. 6-12) The prosecutor's
misconduct in deliberately exploiting Greineder's rights
to remain silent, to prepare and present a defense, and
1
References to the trial transcript are abbreviated
herein as "z. [vol. I / [page (a) 1 ." References to the pre-trial and
post-trial transcripts are abbreviated as "a. [date] / [page(s)l ."
References to the defendant's record-appendix are abbreviated a6 "a.
[pagels)l ."