Boston Criminal Lawyers Blog
The Massachusetts Appeals Court recently ruled that it is reversible error and improper for a prosecutor to suggest the defendant had the opportunity to tailor his testimony and lie because he had heard the other witnesses during trial. This issue was addressed in Commonwealth v. Alphonse, and because the error was reversible, the defendant’s conviction was reversed.
The defendant was tried for the crime of assault & battery in the Brockton District Court. During closing arguments, the prosecutor argued: