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SJC Chief Justice Gants tells judges to address jury deliberations ‘infected by racial or ethnic bia

https://www.bostonglobe.com/2020/09/24/metro/ruling-written-before-his-death-sjc-chief-justice-gants-tells-judges-address-jury-deliberations-infected-by-racial-or-ethnic-bias/

Commonwealth v. Khamal McCalop

Suffolk Superior Court - Docket: 2015-10792

Supreme Judicial Court - Docket: SJC-12845

Vindication! SJC rules in favor of my client on appeal - SJC passionately reaffirmed the duty of judges to ensure equal justice is provided to all defendants when there is a suggestion that racial bias among jurors may have led to a conviction. In a unanimous ruling, the SJC instructed judges to investigate whenever they are notified by a defense lawyer, a fellow juror, a prosecutor, or court officer that racial bias may have tainted jury deliberations.

"It is a fundamental tenet of our system of justice that a conviction cannot stand if the defendant proves that the jury’s deliberations were infected by racial or ethnic bias,'' Gants wrote. “This case concerns the obligation of a judge promptly to address an allegation of racial bias when it is presented. ... We conclude that the judge erred.”

"This was a nice reminder that racism is still alive and that is an evil that continues to harm us at every stage of the criminal justice system — from investigation, to arrest, to the trial and even the appeal process,'' said Christopher Lee Malcolm, McCalop’s defense attorney whose encounter with a crying juror led to the court’s ruling.

“When defense counsel, in good faith, attests that a deliberating juror told counsel after the verdict that racist statements were made by one or more jurors ... the judge must give the defendant a fair opportunity” to contact the juror for information, Gants wrote. “The judge in this case erred in not promptly allowing that motion and in disparaging its merits.”

Read Full Boston Globe Article Here

Commonwealth v. Javier Fernandez

Stoughton District Court

August 13, 2020

Docket: 1955CR1324

Main Session

Verdict after Trial: NOT GUILTY

1. Operation Under Influence of Alcohol (OUI) - NG

2. Negligent Operation of Motor Vehicle - NG

3. Marked Lane Violation - NR

Commonwealth v. Grant Cooper

Malden District Court

March 5, 2020
Docket: 1950CR837

Jury Session in Cambridge District Court sitting in Medford, MA
Courtroom 3

Verdict following Jury Trial: NOT GUILTY
1) Assault & Battery: NG
2) Strangulation/Suffocation: NG

Commonwealth v. Sherman Morant

Dorchester Division of Boston Municipal Court

March 4, 2020
Docket: 1807CR3846

Second Session

Verdict following Jury Trial: NOT GUILTY
1- Assault & Battery: NG
2- Assault & Battery w/ Dangerous Weapon: NG

Commonwealth v. Wilden Suazo

Suffolk Superior Court

March 3, 2020
Docket: 1984CR113

Courtroom 907

Verdict following Jury Trial: NOT GUILTY
1- Trafficking Class A (36g or more): NG

Commonwealth v. Walter Martins

East Boston Div. of Boston Municipal Court

February 26, 2020
Docket: 1805CR0027

Jury Session in Central Div. of Boston Municipal Court

Verdict following Jury Trial: NOT GUILTY
1- Distribution of Class B Substance: NG
2- Distribution of Class B Substance: NG
3- Operating MV After Suspension: Dismissed

Commonwealth v. Lance Holloman

Dorchester Division of Boston Municipal Court
October 1, 2019

Docket: 1607CR2565

Verdict following Jury Trial: NOT GUILTY
1- Assault & Battery: NG

Commonwealth v. Mark Nagle

Attleboro District Court

August 12, 2019
Docket: 1734CR1417

Verdict following Jury Trial: NOT GUILTY
1- Assault on Family/Household Member: NG

Commonwealth v. Thomas Cannon

Brockton District Court

June 28, 2019
Docket: 1615CR3455

Verdict following Jury Trial: NOT GUILTY
1- Carrying Firearm: NG
2- Carry Loaded Firearm: NG
3- Possession of Ammo: NG
4- Possess Firearm w/ Defaced Serial Number: NG
5- Distribution Class B Substance: NG
6- Drinking Alcohol in Public: NG

Commonwealth v. John Doe

Milford District Court

April 25, 2019

Docket No.: 1866CR949

Jury Trial in Worcester Court: NOT GUILTY
1: Assault & Battery on Household Member: NG
2: Threats to Commit a Crime: NG

Commonwealth v. Aneudis G. Rosario

Suffolk Superior Court

April 24, 2019

Courtroom 817
Indictment No.: 2016-478

Verdict following Jury Trial: NOT GUILTY

1. Possession of Heroin w/ Intent to Distribute: NG
2. Possession of Ammunition (in Hi-Point): NG
3. Possession of Ammunition (in S&W): NG
4. Possession of Ammunition (in Jennings): NG
5. Possession of Ammunition (in bedroom): G
6. Possession of Firearm (Hi-Point): NG
7. Possession of Firearm (S&W): NG
8. Possession of Firearm (Jennings): NG
9. Receiving Firearm w/ Defaced Serial Number: NG
10. Possess Firearm in Commission of Felony: NG

Commonwealth v. Gladivell Rivera

Fitchburg District Court

October 19, 2018
Docket No.: 1716CR1749