Rx Date/Time 
FROM-HAMPDEN SUPERIOR COURT CLERKS OFFICE

Wu

P. UUC

,dl373?lbll 
T-539 

4137371511

12:30

COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT
ACTION
NO. 86-6254?6256

HAMPDEN .



COMMONWEALTH COUNTY

v' . 1367152013
- 

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.1 on October 4, 2013, I allowed the Defendant?s Motion for a New Trial on Actual

AMENDED ORDER ALLOWING NEW TRIAL

Innocence Fair Trial Grounds without objection from the Commonwealth. On October 8,
2013, the Commonwealth ?led a motion seeking clari?cation of the precise grounds for my
decision. As stated at the hearing and in my endorsement on the motion, I concluded, after 
evidentiary hearing, that the testimony of Tracy Fisher, Randy Weaver and Martin Smith
regarding their observations on the night of the murder, Speci?cally that they were present at or
near the scene of the shooting and did not observe the defendant at any time, and Anthony
Cooke?s recantation of his trial testimony in which he identi?ed the defendant as the shooter,
constimted nevvly discovered evidence which is material and credible, and carries a measure-of
strength in support of the defendant?s position, such that justice may not have been done.- The
Commonwealth did not oppose the motion for new trial on those grounds. The Conunontnealth

did not. agree with the defendant?s claims of actual innocence and prosecutorial misc0nduct,

. tic/4 
c. Jemij?ndqi 

Associate Justice of the Superior Court

issues which I did not, and need nor decide.

 

DATED: October 9, 2013