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.”
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
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
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
Suffolk Superior Court
March 3, 2020
Docket: 1984CR113
Courtroom 907
Verdict following Jury Trial: NOT GUILTY
1- Trafficking Class A (36g or more): NG
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
Dorchester Division of Boston Municipal Court
October 1, 2019
Docket: 1607CR2565
Verdict following Jury Trial: NOT GUILTY
1- Assault & Battery: NG
Attleboro District Court
August 12, 2019
Docket: 1734CR1417
Verdict following Jury Trial: NOT GUILTY
1- Assault on Family/Household Member: NG
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
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
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
Fitchburg District Court
October 19, 2018
Docket No.: 1716CR1749
Verdict after Trial: NOT GUILTY
1. Operation Under Influence of Alcohol (OUI)
2. Unlicensed Operation of Motor Vehicle
3. Marked Lane Violation