People v. Mahabub

OPINION OF THE COURT

Elisa S. Koenderman, J.

On October 5, 2012, the court denied the People’s application for forfeiture of the defendant’s constitutional right to confrontation and admission of the complainant’s prior statements to law enforcement against him at trial. After a Sirois hearing1 held on August 23, 2012 and August 30, 2012, the court found that the People failed to show by “clear and convincing” evidence that the defendant procured the complainant’s “unavailability” through misconduct. The following decision explains the basis for the court’s ruling.

The Facts

Police Officer…