Commonwealth v. Gray

A Superior Court jury convicted the defendant of murder in the first degree on a theory of deliberate premeditation, and of two firearms offenses. On appeal, the defendant claims error in a number of respects. Because we conclude that certain pivotal evidentiary rulings implicating identification were erroneous and not harmless beyond a reasonable doubt, a new trial is required.

Introduction. The essential facts surrounding the shooting death of Herman Taylor are not in dispute. Around 5:30 p.m. on July 12, 2006, minutes after eighteen year old Taylor left his home in the Roxbury section of…