SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases

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eviewers in filtering out portions of the raw data and selecting peaks to label as true alleles. As in Evans, McNickles, and Nardi, Dr. Cotton was simply reporting the results of another scientist's exercise of judgment and discretion. Those inculpatory results were effectively insulated from confrontation and cross-examination as a result of this improper, second-hand presentation. Given the importance of the DNA evidence to the Commonwealth's case, this preserved error was clearly not harmless beyond a reasonable doubt. It was prejudicial error, requiring reversal of Greineder's conviction. 111. GREINEDER'S CONSTITUTIONAL RIGHTS WERE VIOLATED BY THE PROSECUTOR'S CROSS-EXAMINATION AND CLOSING ARGUMXNT. A. Statement of Relevant Facta 1. Timeline. When the police responded to Morse Pond, Greineder was first questioned by Detective McDermott and then by Trooper Foley. D. 6/249-262; 10/37-61. Greineder was then taken to the Wellesley police station, where he called Attorney Terry Seqal, who came to the station.7 Id. at 63-72. Police later applied for a search warrant for Greineder's residence, which they executed early the following morning. At that: the, Greineder was informed The motion judge found that after attorney segal arrived and spoke to Ereinecier, Greineder informed McDermott Chat Begal had told him not ta speak wi.th them anymore. &. 16. 12
of his Miranda rights. a. at 112-124. 2. The Commonwealth's evidence regarding Greineder's statements about trying to assist his wife. BothMcDermottand Foley testified about Greineder's statements respecting his attempts to assist Ms. Greineder. McDermott testified that Greineder told her that he tried to "rouse" his wife. She testified that Greineder later stated that he touched his wife's body after returning from his van, but did not indicate exactly how. E. 6/251-261; 7/15-28, 123, 130. Foley testified: He [Greinederl told me that he tried to pick her up. Be said that he couldn't pick her up. She weighed 120 lbs., and he used to be able to lift 250 Lbs. and he couldn't lift her, she was like a dead weight. - Tr. 11/109-110. 3. Greineder's direct teatimony. Greineder testified that he tried to pick up his wife three times, first while kneeling at her right side. Then he stepped over her and tried again. When that did not work, he went to the other side of her body, squatted down, and again tried to lift her. z. 20/78-82. He was then told to back away and did so. Greineder remembered "sort of backing up on my knees, and kneeling in or next to a bloodstain in the middle of the path. a. at 93-94. 4. Cross-examination of Greineder about efforts to pick up Ma. Greineder. 13
Page 1 and 2: NORFOLK. ss. COMMONWEALTH OF MASSAC
Page 3 and 4: 3. Greineder's direct testimony. .
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: This Court held in Bmmonwealth v. N
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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