Commonwealth v. Lykus

The defendant was convicted in 1973 of murder in the first degree, kidnapping, and extortion. The convictions were affirmed on appeal. Commonwealth v. Lykus, 367 Mass. 191 (1975). The sole issue raised by the defendant in that ap*311peal was whether an expert opinion based on voice spectrogram analysis was shown to be sufficiently reliable to be admitted in evidence. Id. at 195-196. A judge in the Superior Court, not the trial judge (who since has retired), allowed the defendant’s third motion for a new trial on grounds that (1) the failure of the Federal Bureau of Investigation (FBI) to disclose…