Commonwealth v. Obershaw

The defendant, Mark W. Obershaw, was convicted of murder in the first degree on a theory of extreme atrocity or cruelty. On appeal, he claims that (1) his motion to suppress his statements to the police should have been allowed because (a) the police did not honor his request for counsel; and (b) the statements were made more than six hours after his arrest, in violation of the “safe harbor” rule, see Commonwealth v. Rosario, 422 Mass. 48, 56 (1996)1; (2) the trial judge (who was also the motion judge) abused her discretion in admitting nearly ninety photographs of the victim’s body; (3) the…