Baran's Right to a New Trial Affirmed!!!

[Note: Friends of Justice is a personal blog. I speak only for myself.]

Dear Friend of Justice,

Bee Baran just phoned us. The Appeals Court has upheld Judge Fecteau’s decision and affirmed his right to a new trial.

I read the decision, but very quickly. it strikes me as very strong. Here it is:  Appeals Court Decision.

And here is the conclusion:

IV. Conclusion. We do not lightly affirm the order granting a new trial. For that reason, we have painstakingly examined the record, the motion judge’s decision, and the legal issues on which it is based. The charged offenses are grave and we are mindful that the passage of so much time will impose heavy burdens on all concerned in the event of a retrial.(55) At the same time, it cannot be said that the defendant received anything close to a fair trial. Preserving public confidence in the integrity of our system of justice must be our paramount concern notwithstanding the costs our decision today might occasion. “Our desire for finality should not eclipse our concern that in our courts justice not miscarry.” Commonwealth v. Amirault, 424 Mass. at 660 (O’Connor, J., dissenting).

The motion judge did not abuse his discretion in granting the defendant a new trial and vacating the convictions and sentences.

-Bob Chatelle