Commonwealth v. Durand

A jury found the defendant, Eric J. Durand, guilty of murder in the first degree of Brendon Camara, the four year old son of the defendant’s girl friend, on a theory of extreme atrocity or cruelty.1 The defendant was found guilty as well of assault and battery with a dangerous weapon, a plastic toy shark; the victim was again Brendon Camara. He appeals from his convictions and from the denial of his motion for a new trial.2 He argues that his convictions must be reversed because, among other reasons, (1) a substitute medical examiner and another medical expert were permitted to testify, over…