26 Mass. App. Ct. 910 | Mass. App. Ct. | 1988
The appeal is from the defendant’s convictions on both counts of an indictment for perjury committed by the defendant before a grand jury in Middlesex County which was investigating the October 9, 1985, disappearance of nine year old Sarah Pryor in Wayland. The case was tried to a judge sitting without jury and was submitted on a statement of agreed facts and agreed evidence. The arguments in this court have all been directed to whether it was error for a different judge to deny the defendant’s pretrial motions (a) to suppress statements made by the defendant without the benefit of counsel or Miranda warnings following what she now claims were an illegal arrest and subsequent unlawful detention
Judgments affirmed.
Taken literally, this contention would embrace the defendant’s testimony before the grand jury, which was not self-incriminating so far as possible perjury was concerned.
It would serve no useful purpose to rehearse the evidence or the specific subsidiary findings made by the judge.
The holding in the Sherman case should be evaluated in light of what was subsequently said and held in Moran v. Burbine, 475 U.S. 412 (1986).