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

5 Responses to “Baran's Right to a New Trial Affirmed!!!”

  1. Carol Weissbrod says:

    It’s about time Bee gets some justice, and some resolution to this matter!

  2. Indeed!!! Finally some rays of sunlight after all this rain.

    Justice delayed is sadly often the best we can hope for.

    Thankfully it seem Bee’s time has finally arrived.

  3. Dennis Maher says:

    Bee

    Its been a long road.At first i thought you were gonna beat me out.But by the grace of god and DNA i was first.But now hopefully you get rid of the crap around your leg.Congrats and woohoo.

  4. Art Leonard says:

    The opinion is available on the Massachusetts Court of Appeals website. it is quite lengthy and detailed, but the bottom line is: “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. 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. . . The motion judge did not abuse his discretion in granting the defendant a new trial and vacating the convictions and sentences. Order allowing motion for new trial affirmed. Judgments reversed. Verdicts set aside.”
    Hurrah! Will the prosecutor have the chutzpah to try to appeal this to the SJC?

  5. Darrell Otto says:

    This is great news for Bee, his family and everyone involved in helping him with his case.

    But it is also tragic and sad that it took him almost 25 years to get this miscarriage of justice recognized and addressed.

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