Commonwealth v. Grinkley

As the majority notes, the prosecutor’s *812closing argument was laden with fundamentally unfair and prejudicial statements1 — a number of which were similar to those that drew criticism to the prosecutor and a forewarning of impropriety from this court in Commonwealth v. Deloney, 59 Mass. App. Ct. 47, 53 (2003).2 Given the host of prosecutorial errors in the closing, in my opinion, the defendant’s due process rights to a fair trial under art. 12 of the Massachusetts Declaration of Rights and the Fifth Amendment to the United States Constitution were tread upon.

It is the government’s obligation…