Commonwealth v. Auguste

In August, 1991, after a trial in Suffolk County before a judge and jury, the defendant was convicted of murder in the first degree and of unlawful possession of a firearm. The defendant’s appeal is before us pursuant to G. L. c. 278, § 33E (1992 ed.). The defendant asserts that he was denied his right to a fair trial because testimonial evidence introduced by the prosecutor suggested that certain witnesses were fearful of testifying. The defendant also re quests that we exercise our extraordinary power under G. L. c. 278, § 33E. We affirm.

On the evidence presented, the jury could have found…