photograph of the victim’s bloody crotch, which was due to natural decomposition, possessed “great potential for inciting jury speculation about possible sexual overtones to the crime” in a murder trial
How later courts described this case
- photograph of the victim’s bloody crotch, which was due to natural decomposition, possessed “great potential for inciting jury speculation about possible sexual overtones to the crime” in a murder trial
- “cautioning] against mention of the appellate process”
- adverse polygraph results improperly admitted as part of Commonwealth’s case in chief
- photographs of victim’s crotch not relevant and possibly prejudicial
Written by the judges who cited it.
The opinion
Wilkins, J.
(concurring). I dissented in Commonwealth v. Vitello, 376 Mass. 426 (1978). See dissenting opinion of Braucher, J., id. at 465 .1 adhere to my earlier views but agree that the law suddenly established in the Vitello case calls for a new trial here. I join generally in the opinion of the court in its analysis of the issues in light of the Vitello decision. However, in my view, the admission of some of the photographs calls for a new trial in any event. Prosecutors should exercise restraint in offering inflammatory photographs of minimum relevance or, as here, of no relevance at all. If such restraint is not employed, judges should exercise their discretion to exclude such photographs.