SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases
SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases
On cross-examination, the prosecutor xepeatedly attacked Greineder's testimony that he attempted to pick up Ms. Greineder three times, focusing on his failure to tell the police this detail earlier and suggesting that his trial testimony had been fabricated in response to the Commonwealth's evidence and in an effort to buttress ' the defense case. The prosecutor asked Greineder: "You never told the police that [you tried to pick up your wife a number of times] prior to today, did you?" Greineder replied: "They never asked. 'I E. 20/144. The prosecutor continued, asking Greineder twice whether "the first time you ever mentioned that to anybody in any kind of law enforcement capacity was here today at trial." a. at 146 (emphasis added). Defense counsel's objection was twice sustained. Undaunted, the prosecutor continued: " [Wlhen you spoke to investigators about the death of your wife, did you aver mention that you had tried to pick her up more than once?" a. (emphasis added) The prosecutor implied that expert testimony regarding stains on Greineder's jacket had prompted a change in Greineder's story: "[Dlid the testimony regarding this jacket have anything to do with jarring your memory on that?" B. 20/152. When Greineder denied this, the prosecutor then asked whether Greineder thought it was important to mention his multiple attempts to pick 14
up Ms. Greineder . Greineder replied: "It didn' t come up. " a. at 153-154. The prosecutor continued to question Greineder about his failure to tell officers that he had tried three times to pick up his wife. E. 21/88-89. Finally, he questioned Greineder about his contact with Stuart James, a defense expert, implying that Greineder's trial testimony was tailored to support James' opinion. He asked: "Nothing happened over this weekend to make you recollect things better .... You didn't have any conversation with a Stuart James over this weekend that caused you to remember lifting your wife on three occasions?" u. at 107-108. Greineder replied that he had never spoken with James. a. 5. Croaa-examination of Greineder about heel mark. The prosecutor also asked Greineder whether he told Foley that he was on his knees and then backed into the pool of blood. He implied that Greineder had fabricated this testimony after hearing Det. Rebeiro's trial testimony: "You didn't ever say that until you heard Deborah Rebeiro talk about your heel mark in that blood. 'I E. 20/149-151. He further questioned Greineder about the positioning of his body as he attempted to pick up Ms. Greineder: Q: And as you remembered today, sir, at the close of the Commonwealth's case, is it important to you that you're not kneeling 15
- 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 and 28: This Court held in Bmmonwealth v. N
- Page 29: of his Miranda rights. a. at 112-12
- 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
up Ms. Greineder . Greineder replied: "It didn' t come up. "<br />
a. at 153-154. The prosecutor continued to question<br />
Greineder about his failure to tell officers that he had<br />
tried three times to pick up his wife. E. 21/88-89.<br />
Finally, he questioned Greineder about his contact<br />
with Stuart James, a defense expert, implying that<br />
Greineder's trial testimony was tailored to support<br />
James' opinion. He asked: "Nothing happened over this<br />
weekend to make you recollect things better .... You<br />
didn't have any conversation with a Stuart James over<br />
this weekend that caused you to remember lifting your<br />
wife on three occasions?" u. at 107-108. Greineder<br />
replied that he had never spoken with James. a.<br />
5. Croaa-examination of Greineder about heel<br />
mark.<br />
The prosecutor also asked Greineder whether he told<br />
Foley that he was on his knees and then backed into the<br />
pool of blood. He implied that Greineder had fabricated<br />
this testimony after hearing Det. Rebeiro's trial<br />
testimony: "You didn't ever say that until you heard<br />
Deborah Rebeiro talk about your heel mark in that blood. 'I<br />
E. 20/149-151. He further questioned Greineder about the<br />
positioning of his body as he attempted to pick up Ms.<br />
Greineder:<br />
Q: And as you remembered today, sir, at the<br />
close of the Commonwealth's case, is it<br />
important to you that you're not kneeling<br />
15
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