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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Commonwealth v. Engstrom, 122 N.E.3d 1098 (2019)

Citation
Commonwealth v. Engstrom, 122 N.E.3d 1098 (2019) 2.
Parent Document
Commonwealth v. Engstrom, 122 N.E.3d 1098 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-01-03

Full Text

1,553 chars
2. Lost or destroyed evidence. The defendant claims that the trial judge erred in denying her motion in limine to preclude evidence of the nip bottle of alcohol (which she contended was an energy drink) on the basis that the Commonwealth had failed to preserve potentially exculpatory evidence. "In reviewing the denial of a motion based on the Commonwealth's loss [or destruction] of allegedly exculpatory evidence, we do not disturb the judge's decision absent a clear abuse of discretion." Commonwealth v. Kee, 449 Mass. 550, 554 (2007). The judge did not make explicit findings concerning the relevant factors. See ibr.US_Case_Law.Schema.Case_Body:v1">id. at 555 (once defendant establishes that lost evidence is potentially exculpatory, court must balance culpability of Commonwealth, materiality of evidence, and potential prejudice to defendant in order to fashion appropriate remedy). He did, however, agree to give an instruction to the jury, pursuant to Commonwealth v. Bowden, 379 Mass. 472, 485-486 (1980), to allow the jury to consider the negligence of the police in losing the evidence as it impacted the quality, reliability, and credibility of the evidence presented by the Commonwealth. Although the defendant sought exclusion of any testimony concerning the alleged nip bottle, a Bowden instruction was among the many remedies that could be fashioned upon a finding that the government was responsible for the loss of relevant evidence. See Commonwealth v. Williams, 455 Mass. 706, 719 (2010). The judge did not abuse his discretion.4