Commonwealth v. Kee

A Superior Court jury convicted the defendant, Daniel Kee, of distribution of a Class B controlled substance.1 *551On appeal, he argues that the judge’s denial of his “motion for relief based on lost or destroyed evidence” (a “marked”* 2 ten dollar bill) denied him due process. A related claim is that the judge improperly denied his request for a so-called “missing evidence” jury instruction (i.e., that the failure, without good explanation, to produce important evidence warrants an inference that such evidence, if produced, would have been unfavorable to the Commonwealth). Finally, the defendant…