9 N.E.3d 850
Mass. App. Ct.2014Background
- Jesus Silva-Santiago was convicted of first‑degree murder for a 2003 shooting and sentenced; his conviction was later reversed on appeal under the SJC’s supervisory powers.
- The SJC found two prejudicial prosecutorial misstatements in closing argument: (1) an improper suggestion that eyewitnesses were too frightened to identify the shooter when, in fact, no evidence supported that; and (2) a misstated description of a witness’s testimony regarding the defendant’s presence at the scene.
- Defense objections to both closing‑argument statements were overruled at trial; the SJC held those misstatements and the trial judge’s failure to correct them constituted reversible error.
- On retrial Silva‑Santiago was acquitted (found not guilty).
- Silva‑Santiago sued under G. L. c. 258D for compensation for erroneous felony conviction; the Commonwealth moved to dismiss for failure to state a claim and the trial court dismissed; plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reversal based on prosecutorial closing argument suffices under G. L. c. 258D as "facts and circumstances probative of" innocence | The prosecutor’s improper statements led to conviction reversal, which shows the reversal rests on circumstances probative of innocence | The reversal resulted from prejudicial argument, not the exclusion or withholding of exculpatory evidence that would tend to prove innocence | Reversal for prosecutorial misstatements does not, by itself, tend to establish actual innocence under c. 258D; dismissal affirmed |
Key Cases Cited
- Commonwealth v. Silva-Santiago, 453 Mass. 782 (SJC reversed conviction due to prosecutorial misstatements in closing)
- Drumgold v. Commonwealth, 458 Mass. 367 (withholding exculpatory credibility evidence may tend to establish innocence)
- Guzman v. Commonwealth, 458 Mass. 354 (ineffective assistance that prevented introduction of exculpatory evidence can be probative of innocence for c. 258D)
- Irwin v. Commonwealth, 465 Mass. 834 (improperly admitted inculpatory evidence does not necessarily tend to prove innocence; exclusion may be immaterial)
- Riley v. Commonwealth, 82 Mass. App. Ct. 209 (reversal for Bruton error insufficient to show likelihood of innocence)