Commonwealth v. O'Neal

*759 *189 A District Court jury convicted the defendant of assault and battery by means of a dangerous weapon (ABDW), a shod foot. The conviction was based on testimony that while the defendant was being transported at the police station in a device known as a "restraint chair," he kicked a Lynn police officer in the *190 stomach. Before us now are the defendant's direct appeal and his appeal of the denial of his motion for a new trial (which have been consolidated). The defendant argues that new trial is warranted on three grounds: 1) the Commonwealth's failure to preserve and disclose a video…