The first issue is in reference to Marshard’s failure to turn over exculpatory evidence. Several months after the incident, Christine Arenburg, a bartender at the Ritz Café, had a meeting with Marshard in which she allegedly gave Marshard more details than what she originally reported to the police. Arenburg had suggested to Marshard that the Cray brothers were not being truthful in their statements, and attempted to provide more information about the events that occurred that evening. According to Marshard, the information that was provided by Arenburg was not exculpatory, and her statements were all based upon what she “guessed” or “believed” happened, therefore Marshard did not request the presence of an officer or generate any type of report.
Marshard contends that Arenburg was a witness that had been known to the defense counsel, and does not believe that any of the information provided in an affidavit by Arenburg, via the defense, was exculpatory and would have any way prejudiced the defendants had it not been made known. She asserts that Arenburg’s affidavit was essentially based on opinion and things that other people had told her not anything that she saw or heard herself. Marshard cites, Comm v. Almeida, 452 Mass 601, 609-611, 897 NE2d 14, 22-24, as well as Comm. v. Green, 72 MassAppCt 903, 904n3, 890 NE2d 171 (2008), and explains that the SJC has held “unless the undisclosed evidence is significantly destructive of the defendant’s case, or is strongly supportive of innocence, when faced with delayed disclosure, defendant should seek a continuance.” Additionally, Marshard asserts it is “unclear what information the defendants are claiming is exculpa...
... middle of paper ...
...elt that the Commonwealth was using the 5th Amendment as a “strategic tool” to prevent testimony that would be exculpatory evidence. As Marshard points out Randolph had been named during trial as being involved in the incident. It does appear as if the 5th Amendment may have been a tactic to keep other witnesses from testifying on the defense’s behalf. I think the bigger issue in this part of the complaint is the fact that some of Marshard’s witnesses, as well as the victims were equally involved in the incident, however they were able to testify clearly without the fear of prosecution.
Additionally, Chin recalls a separate incident that he thought may be of concern to the office. As a result of his prosecutorial misconduct finding in the Petersen case, he recused himself from these cases when it became apparent there was once again a potential issue Marshard.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Before forensic evidence is presented in a trial, it must be deemed admissible (Imwinkelried, 1998). The admissibility of evidence is determined by its reliability, its relevance and its legitimacy. The evidence must be screened against the trial court’s Rules of Evidence. The trial court is the deciding factor on the admissibility or inadmissibility of any forensic evidence. The Rules of Evidence are utilized by the courts to determine if either side (Defense or Prosecution), have presented any evidence that may be irrelevant to the case at hand (Imwinkelried, 1998).... [tags: Evidence law]
1001 words (2.9 pages)
- ... It was no different for the new farmers who suffered from lack of enough capital to finance farm making costs. It was inevitable that those with little capital would require a longer working period in excess of years, just so as to break even. And even so, Owen provides that aside from high implementation costs, land owners often exerted unseen hidden charges that equally harmed the progress of the new farmers. Aside from the acquisition of initial land for cultivation, new farmers faced another challenge equally aggressive; farm expansion.... [tags: Failure, American Dream, Strategy]
811 words (2.3 pages)
- Through out the short novella, 'The Turn of the Screw,' by Henry James, the governess continually has encounters with apparitions that seem to only appear to her. As Miles' behavior in school worsens so that he is prevented from returning, and as Flora becomes ill with a fever, the governess blames these ghosts for corrupting the children, Miles and Flora, and labels them as evil and manipulative forces in their lives. But why is it that these ghosts only seem to appear to the governess even when the children are present at the time of the sightings by the governess.... [tags: Turn of the Screw, Henry James]
956 words (2.7 pages)
- The Turn of the Screw "I must take my horrid plunge" from the opening line sets the tone of the passage. The novel's gothic form is revealed very early on in the passage. There is a distinctive differentiation between horror and terror derived from the studies of Radcliffe. "Terror" is when one induces to action and "horror" is when one is "powerless" and "freezes" as a result of it. The Governess' horrid plunge is a forced action, as she is powerless to combat the supernatural forces that oppose her.... [tags: Gothic The Turn of the Screw Henry James Essays]
1071 words (3.1 pages)
- One of the most critically discussed works in twentieth-century American literature, The Turn of the Screw has inspired a variety of critical interpretations since its publication in 1898. Until 1934, the book was considered a traditional ghost story. Edmund Wilson, however, soon challenged that view with his assertions that The Turn of the Screw is a psychological study of the unstable governess whose visions of ghosts are merely delusions. Wilson’s essay initiated a critical debate concerning the interpretation of the novel, which continues even today (Poupard 313).... [tags: The Turn of the Screw Essays]
1116 words (3.2 pages)
- A Psychological Perspective of The Turn of the Screw Henry James was one of the famous writers during the nineteenth and early twentieth centuries. He was known as an innovative and independent novelist. One of James' novels, The Turn of the Screw (1898), has caused a lot of controversy among many critics, and each of them has had a particular interpretation. James' creative writing built a close connection between his novel and his readers. The reactions of the readers toward The Turn of the Screw can be researched psychologically by analyzing how James developed his story using questionable incidents, an unreliable narrator, unexpected changes, an interesting prologue, and effecti... [tags: Henry James Turn Screw Essays]
2113 words (6 pages)
- Henry James' The Turn of the Screw Peter G. Beidler informs us that there have been “hundreds” of analyses of Henry James’ spine-tingling novella, The Turn of the Screw (189). Norman Macleod suggests that James himself seems to be “an author intent on establishing a text that cannot be interpreted in a definite way” (Qtd in Beidler 198). Yet, the vast majority of analyses of The Turn of the Screw seem to revolve around two sub-themes: the reality of the ghosts and the death of Miles both of which are used to answer the question of the governess’s mental stability: is she a hero or a deranged lunatic.... [tags: Henry James Turn Screw Essays]
1589 words (4.5 pages)
- Downfall of the Governess in The Turn of the Screw by Henry James In the governess's insane pseudo-reality and through her chilling behavior, she managed to bring downfall to Flora and Miles, the children of Bly. With compulsively obsessive actions, irrational assumptions, and demented hallucinations, the governess perceived ghosts bearing evil intentions were attempting to corrupt and destroy the children she had taken the role of care for. In reality, the governess herself brought tragedy to the children through her own selfishness and insanity.... [tags: American Literature Henry James Turn Screw Essays]
1288 words (3.7 pages)
- Deconstructing Henry James's The Turn of the Screw To those readers uninitiated to the infinite guises of critical literary theory, Henry James's The Turn of the Screw might be interpreted as a textbook case of an anxiety-ridden Governess fleeing an unpromising reality and running right into the vaporous arms of her imaginary ghosts. But to the seriously literate, the text is more than the story does or does not tell; it can be read in light of many - not just one - literary theories.... [tags: James Turn of the Screw Essays]
550 words (1.6 pages)
- The existence of the ghosts in The Turn of the Screw has always been in debate. Instead of directly discussing whether the ghosts are real or not, this essay will focus on the reliability of the governess, the narrator of the story. After making a close examination of her state of mind while she is at Bly, readers of The Turn of the Screw will have many more clues to ponder again and to decide to what extent the governess can be believed. While critics like Heilman argue that there are problems with the interpretation that the governess was psychopathic, textual evidence incorporated with scientific research show that the governess did go through a period of psychical disorder that caused he... [tags: The Turn of the Screw Essays]
2431 words (6.9 pages)
- Analyzing The Digital Marketing Campaign
- The Johns Hopkins 's Medicine Marketing And Communications Department
- My Experience At Virginia Beach Vacation
- Case Study : Nature 's Grocer ( Ng )
- Politics : A Local Municipal Council Meeting Up At The United Nations Security Council
- Who 's The Loneliest Child Of Them All?