News, Pleadings
David Nathanson
Public Trial Amicus Brief

On March 6, 2017, Attorney Wood and a team of attorneys from Ropes & Gray filed a brief in the Supreme Court on behalf of the Massachusetts Association of Criminal Defense Lawyers in Weaver v. Massachusetts, No. 16-240. They argue that the Court should not shy away from vindicating the treasured right to a public trial. The government's argument that vindicating the right to a public trial would "open up the floodgates" is both factually incorrect and diverts attention from the real issue: whether our Constitution entitles everyone to a public trial. Read the brief here.

Bail

Freedom! Bail Granted in First Degree Murder Case

Freedom! Bail Granted in First Degree Murder Case

Attorney Wood assisted by Attorney Ramos secured the release on bail today of their client who had been charged with first degree murder in the death of her wife. Attorney Wood convinced the Supreme Judicial Court to reverse her conviction (after two previous hung juries) due to the admission of junk science. Attorney Wood emphasized the weakness of the government’s case, our client’s impeccable conduct on bail during prior trials, and her broad support network. You can read more about the bail hearing here.

"Comply with DYS" Not a Valid Probation Condition

On February 24, 2021, Attorney Alpert convinced the Appeals Court to vacate her client’s probation violation in Commonwealth v. Quigley Q. for failing to “comply with DYS requirements and conditions of liberty.” This condition of the juvenile’s probation violated art. 30 (separation of powers). Probation is a judiciary power and it may not be delegated to the executive branch (here, DYS). Instead of specifying terms of probation, the condition left the juvenile subject to the whims of DYS. Further, when a juvenile (or an adult) is in jeopardy of losing their liberty, they are entitled to know exactly what actions will cause the loss of liberty. These concerns equally apply to pre-trial conditions of bail. Although unpublished, this is a significant win because this unconstitutional condition of probation is commonly imposed in juvenile courts across Massachusetts.