Commonwealth v. Cass

The defendant was found guilty of armed robbery. His defense was that one Walsh borrowed the defendant’s pickup truck and committed the robbery without the defendant’s knowledge. The defendant claimed that, also without his knowledge, Walsh involved him in the handling of the stolen materials.

1. At trial, the prosecutor attempted to undermine the defendant’s testimony by showing that the defendant had selected the same lawyer as *929had been hired by Walsh. The Commonwealth’s position was that this conduct by the defendant was inconsistent with his testimony that he was the innocent victim of…