Commonwealth v. LintonAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the motion judge denying Defendant's motion for access to evidence and scientific and forensic testing pursuant to Mass. Gen. Laws ch. 278A, holding that, given the evidence presented at the hearing, the trial judge did not abuse his discretion.
Defendant was convicted of murder in the first degree on a theory of extreme atrocity or cruelty. Following the enactment of chapter 278A, Defendant sought DNA testing of nine items of evidence seeking permission to test the evidence using newer and more discriminating test kits that had not existed at the time of his conviction. The trial judge denied Defendant's motion. The Supreme Judicial Court affirmed, holding that the judge did not abuse his discretion in denying Defendant's motion based on the evidence that was presented at the motion hearing.