Posts tagged "Connolly"

Commonwealth v. Connolly (Lawyers Weekly No. 11-066-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   16-P-107                                        Appeals Court   COMMONWEALTH  vs.  DAVID A. CONNOLLY.     No. 16-P-107.   Middlesex.     December 14, 2016. – May 25, 2017.   Present:  Wolohojian, Milkey, & Shin, JJ.     Assault and Battery.  Evidence, Videotape, Best and secondary, Cross-examination, Authentication, Identification, Opinion.  Identification.  Witness, Cross-examination.  Fair Trial.       Complaint received and sworn to in the Malden Division of the District Court Department on August 19, 2014.   The case was tried before Emily A. Karstetter, J.     Justin J. Patch for the defendant. Alaina Catherine Sullivan, Assistant District Attorney, for the Commonwealth.     SHIN, J.  The defendant was convicted of assault and battery for pushing someone in a hallway of an apartment building.  While he admitted that contact occurred, his defense was that it was accidental.  The case therefore turned on the details of the interactions between the two individuals.  At trial the Commonwealth presented a single witness — a police officer who watched a video of surveillance footage[1] that he said was recorded from inside the building.  Before the defense had an opportunity to view the video, it was erased through no fault of the Commonwealth.  Over the defendant’s objection, the judge allowed the officer to testify as to his recollections of what he saw on the video, including that, contrary to the theory of the defense, it showed the defendant lifting both arms and “shoving” the victim to the ground. We consider in this appeal (1) whether the requirement of authentication pertaining to real evidence applies to the lost video, and (2) whether, and in what circumstances, a judge can admit a witness’s lay opinion identifying a person on a video, where the video is not available for the jury to view.  With respect to the first question, we conclude that, before the officer’s testimony could be admitted, the Commonwealth had to lay a foundation establishing that the lost video was what the officer claimed it to be, i.e., a genuine recording of the encounter that occurred between the defendant and the victim.  With respect to the second question, while we reject the defendant’s contention that the unavailability of the video required automatic exclusion of the officer’s identification testimony, we conclude that the Commonwealth had to lay sufficient foundational facts to enable the jury to make their own findings about the accuracy and reliability […]

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Posted by Massachusetts Legal Resources - May 26, 2017 at 11:03 am

Categories: News   Tags: , , , ,

Sullivan, et al. v. Connolly, et al. (Lawyers Weekly No. 11-012-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   15-P-1563                                       Appeals Court   KRISTEN SULLIVAN, administratrix,[1] & another[2]  vs.  THOMAS CONNOLLY & another.[3]     No. 15-P-1563.   Suffolk.     December 14, 2016. – February 17, 2017.   Present:  Grainger, Sullivan, & Kinder, JJ.     Negligence, Medical malpractice, Wrongful death, Spoliation of evidence.  Wrongful Death.  Minor, Wrongful death.  Practice, Civil, Wrongful death, Instructions to jury, Opening statement, New trial, Bias of judge.     Civil action commenced in the Superior Court Department on March 18, 2010.   The case was tried before Linda E. Giles, J., and a motion for new trial was considered by her.     Benjamin R. Novotny for the plaintiffs. Brooks L. Glahn for the defendants.     GRAINGER, J.  A jury in the Superior Court returned a defendants’ verdict in this medical malpractice suit and wrongful death action resulting from the death of an infant within three days of birth.  The plaintiffs appeal, asserting claims of error in the judge’s evidentiary rulings, in her instructions to the jury and, in a more disturbing allegation, accusing the judge of persistent favoritism and biased conduct requiring a new trial. After a careful review of both the record appendix and the trial transcript in their entirety, we affirm the judgment.  Moreover, for the reasons set forth below, we conclude that the allegations of judicial bias in the plaintiffs’ motion for a new trial are unfounded, and that they exemplify pleading material appropriate for a motion to strike as set forth in Mass.R.Civ.P. 12(f), 365 Mass. 754 (1974). We address the plaintiffs’ claims in the order briefed on appeal, noting that the claims of error are intertwined with the assertion of judicial bias.  We refer to the factual assertions of the parties as they relate to the issues; the underlying facts are generally undisputed. Missing witness instruction.  1.  Adverse inference.  A central issue at trial related to fetal heart rate tracings.  These tracings are electronically monitored to ensure that a fetus maintains a minimally healthy heart rate before and during delivery.  The plaintiffs asserted that the defendants were negligent by failing to monitor the decedent’s tracings with appropriate care, failing to recognize that the tracings signaled an unacceptably slow (nonreassuring) heart rate and, consequently, failing to perform an urgently required cesarean section in a timely manner.  The defendants asserted that the tracings indicated a reassuring heart rate, and that […]

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Posted by Massachusetts Legal Resources - February 17, 2017 at 7:37 pm

Categories: News   Tags: , , , ,

Connolly Wants Developers to Get Fast Track For Schools

  Boston At-Large City Councilor and mayoral John Connolly proposed allowing a fast track permitting process for large developers, if they agree to build a school or fund any of the $ 1.8 billion in construction projects identified as needed for Boston Public Schools. “We look at large school development projects and offer an option to developers to give them a fast-track permitting process. Keep it to six months, and still do the full-robust process, but get it done in six months – in exchange for building a new school or the adoption of a major school project,” said Connolly during the Boston City Council’s Wednesday meeting. He added that projects would still get rejected, and those developers would not have to build a school or adopt a project. Through recent budget hearings, Connolly said that Boston Public School (BPS) long-term facilities plan “is in development”, and that $ 1.8 billion in new construction needs have been identified, as well as $ 640 million in needed renovations and repairs, and $ 500 million in deferred maintenance costs. Connolly said that New York City has built schools on the site of developments through the NYC Department of Education Educational Construction Fund. He added that wasn’t supporting that idea, but that it was an option. He added he’s talked to some developers who loved the idea of being able to go through a six-month process compared to a three- to five-year process, whether they get the project greenlit or not. “…and red lights will still be given. And if given a ‘yes’ – they get a new school or a major renovation. That’s the way we should be doing partnerships with schools,” said Connolly. The matter was referred to the Committee on Education for a future hearing. The Boston Redevelopment Authority, Department of Neighborhood Development, BPS families and staff, as well as developers, will be invited to speak at the hearing, said Connolly. SOUTH END PATCH: Facebook | Twitter | E-mail Updates  South End Patch

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Posted by Massachusetts Legal Resources - June 6, 2013 at 9:41 pm

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Connolly Rails on Boston Redevelopment Authority and Menino

Boston City Councilor and mayoral candidate John Connolly had some harsh words for the Boston Redevelopment Authority and outgoing Mayor Thomas Menino. “Although we have thrived from a development perspective, we are trapped in a system that puts the focus on who you know rather than the merit of your project,” Connolly said at a candidates forum, according to the Boston Herald. “That’s what we need to break and that’s the transparency — we need transparent decision-making within the BRA.” Connolly made the comments during a development-oriented candidates’ forum hosted by the Boston Society of Architects on Wednesday morning. To read the rest of the article, click here. SOUTH END PATCH: Facebook | Twitter | E-mail Updates  South End Patch

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Posted by Massachusetts Legal Resources - June 5, 2013 at 9:02 pm

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Who Would You Vote For: Menino or Connolly?

At the very least, it’ll be interesting. Boston City Councilor John Connolly threw his hat into the ring Tuesday and announced his candidacy for mayor. Connolly, a city councilor since 2007, has been raising money at an accelerated clip, according to the Globe. That money haul and speculative tweet made this the worst kept secret in the city. Menino, on the other hand, is no shrinking violet, either. A prolonged illness late last year led to speculation that the longest-serving mayor in city history would step down at the end of this term. The Globe notes, however, that a return to health has led to whispers among the cognoscenti that Menino will run again.  What do you think? Should Menino run again? Does Connolly have the political organization to beat as cagey a Boston politico as the mayor? And who would you vote for in this hypothetical match up? Tell us your thought in the comments below (Write-in candidate ideas are welcome)! South End Patch

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Posted by Massachusetts Legal Resources - February 27, 2013 at 4:36 pm

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Connolly: Would Look to Preserve South End Character, Improve Schools

At-Large Boston City Councilor John Connolly announced on Tueday morning he will run for mayor of Boston this year, regardless of whether or not current Mayor Thomas Menino decides to run.  Connolly said he respects Menino and his service to Boston, but noted he thought it’s time for a change in leadership.  “I’ve worked with [Menino] and I’ve learned from him, however, this campaign is about Boston’s future, and the need for new ideas, new energy and a new resolve for Boston to reach its full potential.” Connolly said the way to ensure the future success of the city of Boston is to invest in its public schools to completely transform them into high-performing schools. “The success of our schools directly impacts our ability to create safe healthy and liveable neighborhoods as well as our ability to create jobs, attract talent and retain families in Boston,” Connolly said. “It’s not a mission impossible. Transforming our schools is a matter of political will and a bold desire to change the status quo.” Connolly said that specifically for the South End, he will be looking to stay make sure the neighborhood’s character remains through upcoming developments, engaging the LGBT community and the school community. “We want to make sure we’re principled about development, and that we respect and protect the character and integrity of the neighborhood,” he said. “I have a strong commitment to the LGBT community… and I’m proud of my committement there. I’ve done a lot of work with Hurley School parents and I’m a big fan of the McKinley and the Blackstone and I want to make sure we’re supporting our schools in the South End.” SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch

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Posted by Massachusetts Legal Resources - February 27, 2013 at 3:09 pm

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Boston City Councilor Connolly Running for Mayor

Boston City Councilor John Connolly is announcing he is running for mayor today.  “I’m running for Mayor because Boston should be the first city in America to transform urban public schools and offer every child a world-class education. We all need our Boston Public Schools to work because great schools lead to safe and healthy neighborhoods,” wrote Connolly on his campaign website. Connolly, from West Roxbury, is in his third term, and is announcing his mayoral candidacy at the corner of Warren and Cambridge streets, in Brighton at 11 a.m. today. A former teacher and father of two young children, Connolly said he will focus on bringing “change to Boston Public Schools and to bring new ideas and new energy to the challenges facing the City of Boston.” “If I’m elected mayor, I’ll work every day for Boston to be a city where anyone can make their home and say it was the best decision they ever made,” wrote Connolly on his website. South End Patch

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Posted by Massachusetts Legal Resources - February 26, 2013 at 4:30 pm

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