Legal Question in Criminal Law in Massachusetts
A friend has a case and the police are using shoe print evidence
When his attorney asked for expert reports the police said the electrostatic impression that was lifted has disappeared from the Mylar lift .
I told him to be sure to have his attorney file a motion to dismiss or surpress because it could have been excolpotory evidence .
Am I carrect ?
Asked on 5/27/13, 3:51 pm
1 Answer from Attorneys
Daniel Hynes
Law offices of Daniel Hynes
Yes a motion to suppress/dismiss should be filed both for exculpatory evidence under Brady, but possibly state misconduct/negligence.
Answered on 5/27/13, 3:53 pm
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