Commonwealth v. Broomhead

On April 24, 2002, the defendant, Kevin S. Broom-head, was arrested for operating under the influence of liquor, second offense. See G. L. c. 90, § 24(l)(o)(l). In his first trial, on June 5, 2003, the jury were unable to reach a unanimous verdict. When he was tried for a second time, on August 20, 2003, the jury were again unable to come to a unanimous verdict. In his third trial, on December 18 and 19, 2003, the jury found the defendant guilty. The defendant appeals. He argues that various prosecutorial errors created a substantial risk of a miscarriage of justice. We agree and therefore…