Drumgold v. Commonwealth
458 Mass. 367
| Mass. | 2010Background
- Drumgold was convicted of first-degree murder (1989) and served ~14 years before a 2003 conviction vacatur.
- He sought relief under G.L. c. 258D, claiming eligibility based on grounds that tend to establish innocence.
- A trial judge granted a new trial vacating the conviction after a six‑day evidentiary hearing on Drumgold’s motion for a new trial.
- Commonwealth moved for summary judgment arguing Drumgold could not prove eligibility under c. 258D, §1(B)(ii).
- Superior Court denied summary judgment; the matter proceeded on appeal to determine eligibility under the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the relief grounds sufficed to establish innocence for eligibility | Drumgold’s relief rested on newly discovered evidence and nondisclosure that probed witness credibility. | Commonwealth contends relief did not rest on grounds tending to prove innocence, only unfair trial. | Yes; grounds tended to establish innocence; partial summary judgment against Commonwealth on eligibility. |
| Whether the judge’s new-trial order satisfied the statute’s innocence criterion | Drumgold is eligible because the order rested on grounds probative of innocence. | The relief based on a due‑process/right‑to‑fair-trial issue does not necessarily prove innocence. | The grounds underlying the relief were probative of innocence, supporting eligibility. |
| Whether the case should grant relief only to the extent of eligibility under c. 258D | The court should enforce eligibility on the grounds that tend to establish innocence. | Limit relief to grounds and not imply broader factual innocence beyond the statute. | Partial summary judgment granted on eligibility; remand for trial consistent with the opinion. |
Key Cases Cited
- Guzman v. Commonwealth, 74 Mass. App. Ct. 466 (2009) (grounds resting on facts and circumstances tending to innocence; approach discussed)
- Commonwealth v. Pike, 431 Mass. 212 (2000) (new-trial standards; real doubt on justice)
- Commonwealth v. Tucceri, 412 Mass. 401 (1992) (grounding for relief and innocence considerations)
- Commonwealth v. Drumgold, 423 Mass. 230 (1996) (prior conviction affirmed; context for current proceedings)