Commonwealth v. Caillot

On October 5, 1998, a jury convicted the defendants, Herby Caillot and Manuel R. Santos, of murder in the first degree, as joint venturers, by reason of deliberate premeditation. After initially denying postconviction relief, the trial judge granted the defendants a new trial, finding that the improper closing argument by the prosecutor concerning motive and newly discovered ballistics evidence regarding the handguns used in the murder, considered together, meant that “justice may not have been done” within the meaning of Mass. R. Crim. P. 30 (b), as appearing in 435 Mass. 1501 (2001). The…