Commonwealth v. Magadini

The defendant, David Magadini, was convicted by jury on seven counts of criminal trespass, each based on the defendant’s presence, in 2014, in privately owned buildings where he was the subject of no trespass orders. Five incidents occurred between February and March, the sixth occurred on April 8, and the seventh occurred on June 10. Before trial and during the charge conference, the defendant requested a jury instruction on the defense of necessity, asserting that his conduct was justified as the only lawful alternative for a homeless person facing the “clear and imminent danger” of…