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.

Wrongful Conviction

After Exoneration by Attorney Wood, an $8M Verdict for Nat Cosenza

After Attorney Wood’s decade-long fight to exonerate Nat Cosenza, a Worcester federal court jury returned an $8 million verdict for our client on September 30, 2022. After Nat’s exoneration, Attorney Wood joined efforts with the nationally prominent civil rights firm Loevy & Loevy. The civil rights suit on behalf of Nat, which was filed in 2018, was tried to a jury in Worcester federal court. That jury found that “Detective Hazelhurst’s fabrication of evidence caused Plaintiff Cosenza to be wrongfully convicted.”

When we take on a client, we see the case through. Our defense never rests.

Amicus: SJC Should Hear Full Appeal in Potential Wrongful Conviction

Attorney Wood - in his role as MACDL Amicus Committee co-chair - was proud to support the powerful amicus efforts of the New England Innocence Project, Boston College Innocence Program, The Exoneration Project, in Commonwealth v. Valle. The groups filed a joint amicus letter with the Supreme Judicial Court. Mr. Valle was convicted entirely on uncorroborated eyewitness identification testimony. Mr. Valle had an alibi. The case presents many of the factors identified in scientific research as risk factors for an erroneous identification. But his attorney never presented expert testimony on this research, relying only on jury instructions to educate the jury. The case appears to be a true miscarriage of justice. And yet, the Appeals Court not only rejected Mr. Valle’s appeal by viewing each error in isolation, but did so in an unpublished opinion and without even allowing his attorney, Jessica LaClair, to present oral argument. Read the amicus letter here.

Attorney Post in the News

Several news outlets have written articles about Attorney Post’s work, along with ACLU technologist Paola Villareal, in identifying defendants who were convicted of drug offenses without the Commonwealth ever notifying them that the substances in their cases tested negative for drugs. Articles in the Boston Globe, CommonWealth Magazine, and MassLive.com detailed efforts to vindicate 64 individuals wrongly convicted of 91 drug offenses. We are pleased to report that, in the wake of these revelations, several additional District Attorney’s offices have reached out to indicate their interest in helping correct the 278 additional wrongful convictions outside of Suffolk County that Attorney Post helped identify.

Wrongful Conviction Suit Filed, Press Conference

UPDATED LOCATION: Post Office Square Park, Boston. On May 10, 2018, Wood & Nathanson along with Loevy & Loevy filed a wrongful conviction suit on behalf of our client Nat Cosenza. The suit alleges that Worcester Police prompted the victim to make a mistaken identification, withheld and manipulated evidence. A press conference will be held at 2 p.m. on May 10. Mr. Cosenza spent 16 years in prison for a wrongful armed burglary conviction. Read the press release here.