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David Grimaldi

Attorney Grimaldi secures judicial immunity for defense witnesses for the first time in Massachusetts history

By | Judicial Immunity | No Comments

In a recent trial in Brockton Superior Court, Attorney David J. Grimaldi obtained judicial immunity for six defense witnesses he subpoenaed to testify for his client.  This extraordinary feat, never achieved before in Massachusetts history, fulfilled a long-desired goal among the state’s criminal defense attorneys and directly contributed to the acquittal of Attorney Grimaldi’s client at trial. (View Article) 

For many years, prosecutors have possessed the exclusive power to grant immunity to witnesses that might otherwise refuse to testify out of concern of incriminating themselves.  Once immunized, a witness can testify freely and without fear of prosecution for any matter discussed in their testimony.  In essence, the witness gets “a free pass” on their own possible crimes in exchange for their testimony for the prosecution against the defendant.

Until recently, only prosecutors have been afforded the power to grant immunity to witnesses.  Thus, if a defendant wanted to call a witness who may incriminate himself during testimony, the witness could simply “take the 5th” and refuse to testify for the defendant.   In such cases, the jury would be deprived of the witness’s important testimony, and the prosecutor would gain an unfair advantage.   

For years, defense attorneys and their clients have cried foul at the prosecutor’s one-sided ability to grant immunity to witnesses.   This unequal allocation of power is prone to abuse by prosecutors and distorts the jury’s ability to determine the actual facts of each case.

In a case alleging Motor Vehicle Homicide tried in Brockton Superior Court, Attorney Grimaldi achieved what other defense attorneys have sought for generations: judicial immunity for defense witnesses.  The remarkable story of how Attorney Grimaldi won judicial immunity was later described in a front-page article in Massachusetts Lawyers Weekly.   After securing immunity for his witnesses in the trial court, a Single Justice of the Massachusetts Supreme Judicial Court denied the Commonwealth’s appeal of the landmark ruling, leaving Attorney Grimaldi’s victory firmly in place.

With his witnesses immunized from prosecution, Attorney Grimaldi called each of them to testify before the jury.  The result was tremendous: the jury learned the real facts surrounding the alleged offense and returned a verdict of Not Guilty on the charge of Motor Vehicle Homicide.

Attorney Grimaldi’s success in obtaining judicial immunity is a testament to his constant readiness to fight for the rights and freedom of his clients.

If you are charged with a Violent Crime, call Attorney Grimaldi at 617-661-1529 for a free consultation.

Attorney Grimaldi wins suppression of client’s statement in First Degree Murder case

By | Homicide Defense, Violent Crime Defense | No Comments

In a recent case in Bristol County Superior Court, Attorney Grimaldi won a motion to suppress his client’s recorded statement to police in a First Degree Murder case.  

At the hearing, Attorney Grimaldi proved that State and local police violated his client’s constitutional right to remain silent when they ignored his clear refusal to answer questions and continued to interrogate him until he gave in to their demands.  

The judge’s important ruling means that the prosecution would be barred from presenting the client’s recorded statement trial.

If you are charged with a Violent Crime, call Attorney Grimaldi at 617-661-1529 for a free consultation.

Attorney Grimaldi wins suppression of identification of client in First Degree Murder case

By | Homicide Defense, Violent Crime Defense | No Comments

In a recent case in Middlesex Superior Court, Attorney Grimaldi won a motion to suppress an identification of his client by a key witness in a First Degree Murder case.

At the hearing, Attorney Grimaldi proved that, even though the police played a limited role in the identification, the unreliable circumstances of the identification violated “common law principles of fairness” and required suppression of the evidence.

The judge’s important ruling means that the prosecution will be barred from introducing the identification at trial; further, the witness will not be allowed to identify the client at trial.

If you are charged with a Violent Crime, call Attorney Grimaldi at 617-661-1529 for a free consultation.