Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Framingham Judge Wants DA’s Office to Retry 2006 Drunk Driving Case Because of Possible Judicial Misconduct

Framingham Judge Robert Greco wants the district attorney’s office to retry a 2006 Massachusetts drunk driving case because he says there is evidence that judicial misconduct took place. Earlier this month, Greco denied the DA’s motion to reconsider this order.

On January 14, Grego ruled that that there was evidence showing that the judge in the trial, Nantucket first justice Joseph I. Macy, had gone into the jury room while deliberations were taking place and did not give jury members sufficient instructions about how to decide the case.

Last November, however, Macy gave testimony that he did not enter the deliberation room while jurors were deciding on defendant John Bresnahan’s verdict. He also says that he has never entered a jury room during deliberations throughout his entire judicial career. He did, however, admit to speaking with jurors after they issued a guilty verdict against Bresnahan. Macy says that going into the room to thank jurors and answer any questions is standard practice once a trial is over.

A number of court officers also testified that Macy did not enter the room while the jury was deliberating. However, three of the four jurors who gave testimony during a post-verdict juror inquiry claim that Macy entered the room during deliberations to answer a question.

Now, Grego wants the guilty verdict vacated and the case retried. The 2006 verdict was Bresnahan’s fourth DUI conviction. Assistant District Attorney Tom Shack, however, says he will appeal Greco’s decision. He says the DA’s office believes that Greco is in error.

Judicial Misconduct
Judicial misconduct can occur when the Code of Judicial Conduct has been violated. Some examples of judicial misconduct:

• Conflict of interest • Impropriety • Misconduct during an election campaign • Ex parte communication
Evidence of Misconduct Found in ’06 Drunk Driving Trial, The Inquirer and Mirror, January 26, 2009
Massachusetts Commission on Judicial Conduct

Related Web Resources:
Massachusetts Law About Drunk Driving

If you believe that your case has been compromised because of judicial misconduct, prosecutorial misconduct, police misconduct, or any other kind of misconduct, contact Altman & Altman LLP today. Our Boston criminal defense lawyers represent clients throughout Massachusetts.

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