SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases

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TABLE OF CONTENTS TABLE OF AUTHORITIES . . . . . . . . . . . . . . . vii STATEMENT OF THE CASE . . . . . . . . . . . . . . 1 STATEMENT OF RELEVANT FACTS . . . . . . . . . . . 1 SUMMY OF THE ARGUMENT . . . . . . . . . . . . . 1 ARGUMENT . . . . . . . . . . . . . . . . . . . . . 2 I. GREINEDER WAS DENIED HIS RIGHT TO A PUBLIC TRIAL. . . . . . . . . . . . . . . . . . . . . 2 A. Statement of Relevant Facts. . . . . . . 2 B. Summary of Applicable Law. . . . . . . . 3 C. Application of Law to Facts. . . . . . . 4 1. The first portion of the trial was improperly closed to the public. . 4 2. Greineder is entitled to relief. 5 II. THE TRIAL <strong>COURT</strong>'S ADMISSION, OVER OBJECTION, OF INCULPATORY DNA TEST RESULTS VIOLATED GREINEDER'S CONSTITUTIONAL RIGHT TO CONFRONTATION AND THE PROSCRIPTION AGAINST HEARSAY. . . . . . . . . . . . . . . . . . . 6 A. Statement of Relevant Facts. . . . . . . 6 B. Summary of Applicable Law. . . . . . . . 9 C. Application of Law to Facts. ...... 11 111. GREINEDER'S CONSTITUTIONAL RIGHTS WERE VIOLATED BY THE PROSECUTOR'S CROSS-EXAMINATION AND CLOSING ARGUMENT. ............ 12 A. Statement of Relevant Facts. . . . . . . 12 1. Timeline. . . . . . . . . . . . . . 12 2. The Commonwealth' s evidence regarding Greineder's statements about trying to assist his wife. . 13 i
3. Greineder's direct testimony. . . . 4. Cross-examination of Greineder about efforts ta pick up Ms. Greineder. . 5. Cross-examination of Greineder about heel mark. . . . . . . . . . . . . 6. Prosecutor's closing argument. . . B. Summary of Applicable Law. . . . . 1. Ban on exploiting post-arrest silence. . . . . . . . . . . . . . 2. Ban on comment on pre-arrest silence. . . . . . . . . . . . . . 3. Ban on suggesting that a defendant has tailored testimony to fit trial evidence. . . . . . . . . . . . . . C. Application of Law to Facts. . . . . . . IV. THE TRIAL <strong>COURT</strong> ERRED IN ADMTTTING IRRELEVANT AND HIGHLY PREJUDICTAL EVIDENCE ABOUT GREINEDER'S EXTRAMARJTATA SEXUAL ACTIVITIES. . A. Statement of I?elevant Facts. . . . . . . B. Summary of Applicable Law. . . . . . . . 1. Admissibility of prior bad acts. 2. Extramarital sexual activity is relevant to motive to commit murder only when combined with overt evidence of hostility. . . . . . . 3. The Commonwealth may not misuse evidence admitted fox a limited purpose or refer to 'facts" which were not admitted at trial in its closing argument. . . . . . . . . . 4. Standard of review. . . . . . . . . C. Application of Law to Facts. . . . . . . .. I1 13 13 15 16 16 16 17 17 la 19 19 20 20 21 22 22 22
Page 1: NORFOLK. ss. COMMONWEALTH OF MASSAC
Page 5 and 6: VI. VII. d. Greineder is entitled t
Page 7 and 8: 4 . Counsel's failure to move to su
Page 9 and 10: Miller v. Harvey, 566 F.2d 879 (4th
Page 11 and 12: Commonwealth v. Carter, 39 Mass. Ap
Page 13 and 14: Commonwealth v. Martinez, 425 Mass.
Page 15 and 16: FitzDatrick v. Allen, 410 Mass. 791
Page 17 and 18: STATEMENT OF THE CASE Dirk K. Grein
Page 19 and 20: First of all, we are in Room 8. The
Page 21 and 22: logistical reasons for closure.3 As
Page 23 and 24: inculpatory DNA test results linkin
Page 25 and 26: testified that Greineder could not
Page 27 and 28: This Court held in Bmmonwealth v. N
Page 29 and 30: of his Miranda rights. a. at 112-12
Page 31 and 32: up Ms. Greineder . Greineder replie
Page 33 and 34: waives that right and makes volunta
Page 35 and 36: that Greineder had never mentioned
Page 37 and 38: they render the trial fundamentally
Page 39 and 40: Prior to trial, the Commonwealth ma
Page 41 and 42: gets to that point [i.e., to commit
Page 43 and 44: States, 17 F.2d 973, 976 (5th Cir.
Page 45 and 46: 399 Mass. 17, 21 n.5 (1987). In Gal
Page 47 and 48: 1. Rebeiro's trial testimony was fa
Page 49 and 50: As noted above, many jurisdictions
Page 51 and 52: deliberations. Judge Chernoff is co
Page 53 and 54:
where the jury had experimented wit
Page 55 and 56:
jury, if “a judge learns that a j
Page 57 and 58:
consideration of the factors outlin
Page 59 and 60:
moments" of insight, which "helped"
Page 61 and 62:
Commonwealth v. Curnin, 409 Mass. 2
Page 63 and 64:
In evaluating a claim of ineffectiv
Page 65 and 66:
DNA test results withstands scrutin
Page 67 and 68:
In any event, if filing such a moti
Page 69 and 70:
subject to exclusion on that ground
Page 71 and 72:
esults were effectively unchallenge
Page 73 and 74:
emains unrebutted, and Dr. Brenner'
Page 75 and 76:
precisely what the Constitution pro
Page 77 and 78:
A search warrant for a residence co
Page 79 and 80:
circumatances, the court could prop
Page 81:
process can arise from a combinatio
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SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases

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