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Rule 17A Motion Allowed and Prosecution Ordered to Ensure that Security Footage of Alleged Rape be Preserved and Produced
The defendant is charged with rape under G.L. c. 265 Section 22. The case is pending in the district court, waiting to be indicted and prosecuted in the superior court. Our client made clear that there was no rape. He identified the location where the alleged act occurred with specificity. That area mirrored the location where the complaining witness stated that the act occurred. Our investigators located video surveillance/security cameras at that location and determined they were managed by an establishment where the defendant and victim had drinks prior to the alleged act. We quickly moved the court to order the prosecution to preserve the video footage and for the establishment to produce the recording under Rule 17A. We expect this video to establish our client’s innocence.
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