Commonwealth v. Bresnahan

More than a year after his conviction for operating a motor vehicle while under the influence of alcohol, the

*762defendant, John W. Bresnahan, moved for postverdict inquiry of the jurors. The trial judge had recused himself, and a different judge granted the defendant’s motion for postverdict inquiry. After holding evidentiary hearings, the judge allowed the defendant’s motion for a new trial on the basis that the jury had been exposed to an extraneous influence during deliberations and the Commonwealth had failed to prove that the incident did not prejudice the defendant. The Appeals Court…