Commonwealth v. Kines

Bobby Ray Kines appeals from the order denying his second postconviction motion for access to evidence and forensic testing, and from the order denying his amended motion for postconviction discovery, both pursuant to G. L. c. 278A. We affirm.

Background. Kines was previously convicted of rape, armed robbery, and three counts of kidnapping.3 ,4 Pursuant to Kines's first motion for forensic testing in 2014, a judge ordered that deoxyribonucleic acid (DNA) testing be conducted on two cigarette butts that were located in the ashtray of the van where the rape occurred. The results indicated that…