Product Description

NEW this year—

• Surveillance Technology 
• The Use of ID Evidence 
• Voir Dire in Mental Health Cases 

Strategic considerations and new case law 

This program offers prosecution and defense perspectives on contemporary issues arising during the investigation and trial of homicide cases. Learn about and discuss the latest trends and developments in the trials of homicide cases throughout the Commonwealth from a legal, practical, and tactical standpoint. Hear from practitioners from all across the state with years of homicide trial experience as they offer guidance about the prerequisites to success in the courtroom when handling these most serious types of cases. This year’s program includes workshop sessions for both those experienced in homicide trials as well as attorneys who have yet to tackle a homicide case. Whether you are seeking the latest information on cutting edge issues or a basic introduction to the law and elements of homicide and its defenses, you should plan to attend this seminar.

Agenda & Materials

• 9:00 A.M. – 9:10 A.M.

  Welcome and Introduction

  Michael S. Hussey, Esq., , Worcester
  John C. Verner, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts , Boston
  
• 9:10 A.M. – 10:10 A.M.

  Case Law Update 2016

  A review of the most significant appellate homicide cases of the past year and other decisions with relevance to commonly encountered issues in murder cases. Emerging trends in decisional case law in homicide cases and other related areas are also highlighted.

  Michael S. Hussey, Esq., , Worcester
  John C. Verner, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts , Boston
  Hon. Marguerite T. Grant, Appeals Court, Commonwealth of Massachusetts , Boston
  Bruce E. Ferg, Esq., , Quincy
  
• 10:10 A.M. – 10:20 A.M.

  Networking and Refreshment Break
• 10:20 A.M. – 11:35 A.M.

  Surveillance and Technology in Criminal Cases

  This presentation reviews some of the new surveillance technologies deployed by the government or others to track or historically record an individual’s location and calling patterns, and discusses the use and admissibility of these technologies at trial.

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• 11:35 A.M. – 11:45 A.M.

  Networking and Refreshment Break
• 11:45 A.M. – 12:55 P.M.

  Breakout Session I (choose one)

  New Developments in the Law and Use of Identification Evidence Over the past few years, the law surrounding the use of in court identification and the procedure to conducting identifications has changed. This presentation details the changes and prepares you to try an identification case. Voir Dire in Mental Health Cases The implementation of attorney conducted voir dire provides new opportunities for practitioners in the Commonwealth, but poses new challenges as well. Expert faculty instruct on what you want, when selecting a jury for your mental health case, and how to use voir dire as a tool to achieve it.

  Bethany Stevens, Esq., Administrative Office of the District Court, Commonwealth of Massachusetts , Boston
  Radha Natarajan, Esq., New England Innocence Project , Boston
  Kate B. MacDougall, Esq., Essex District Attorney's Office, Commonwealth of Massachusetts , Salem
  John P. Pappas, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts , Boston
  John C. Verner, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts , Boston
  Michael S. Hussey, Esq., , Worcester
  
• 12:55 P.M. – 1:55 P.M.

  Lunch (on your own)
• 1:55 P.M. – 3:15 P.M.

  Breakout Session II (choose one)

  Defense Breakout Session: Contextual Bias—A New Challenge to the Reliability of Pattern-Matching Forensics Why did 3 FBI fingerprint examiners and a defense expert incorrectly identify Brandon Mayfield as the source of a fingerprint from the Madrid train bombing? One of the main sources of these errors was contextual bias—the impact of extraneous information on the conclusions of the analysts. A growing body of research on the impact of contextual bias on the subjective opinions of forensic analysts, particularly in the pattern-matching fields (e.g., fingerprints, ballistics, toolmarks, shoeprints), may provide a strong basis to exclude these types of experts. The panelists provide an overview of prior challenges to these fields and the current state of the law, an explanation of contextual bias and its impact on forensic analysis, and suggestions for litigating contextual bias challenges. Prosecution Breakout Session: Trying Homicide Cases in the 21st Century Now that you have used technology to investigate and solve your case, how do you present that information at trial? This discussion teaches you how to introduce and present the information you have at trial. Get it right, so you can get it in.

  Paul R. Rudof, Esq., Strehorn, Ryan, & Hoose , Northampton
  Hon. Ira L. Gant, Plymouth Superior Court, Commonwealth of Massachusetts , Brockton
  Michael S. Hussey, Esq., , Worcester
  Nicole L. Allain, Esq., Middlesex Superior Court, Commonwealth of Massachusetts , Woburn
  John C. Verner, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts , Boston
  
• 3:15 P.M. – 3:25 P.M.

  Networking and Refreshment Break
• 3:25 P.M. – 4:30 P.M.

  Veteran Attorney Roundtable

  This session features a panel of seasoned veterans with decades of experience handling murder cases discussing valuable lessons and tricks of the trade they have learned over the years. This panel will be sure to teach you a thing or two about prosecuting or defending homicide cases

  Kevin J. Reddington, Esq., Law Office of Kevin J. Reddington , Brockton
  Kenneth N. Yeager, Esq., U.S. Attorney's Office , Boston
  J.W. Carney, Jr., Esq., Carney Gaudet & Carney , Boston
  Denise M. Regan, Esq., Law Office of Christopher Burke , Lynn
  

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Cochairs

Faculty