Commonwealth v. Kevin Michael Manning Book Reviews

Commonwealth v. Kevin Michael Manning by Supreme Judicial Court of Massachusetts Book Summary

Wilful interference by two Federal law enforcement officers, who worked closely with a State prosecutor, with the constitutional
rights to counsel and to a fair trial of a defendant charged in a complaint and in a subsequent indictment with distributing
controlled substances in violation of G. L. c. 94C, § 32, manifested by one of the officers' telephone call to the
defendant with the purpose of inducing him to become an informer, and speaking disparagingly of defense counsel's tactics,
and by a telephone conversation between the other officer and the defendant in the presence of his counsel in which the officer
adopted "the same line of conversation" as the first officer, prejudiced the defendant [442-443]; the officers' misconduct
demands dismissal of the indictment with prejudice rather than an order for a new trial [443-445]. The defendant, Kevin Michael Manning (Manning), was found guilty by a Superior Court Judge in a jury waived trial on both
counts of a two count indictment for distributing a class B controlled substance (cocaine) in violation of G. L. c. 94C, §
32. He was sentenced on count 1 to one year in a house of correction, sentence suspended for two years, and was placed on
probation for two years; on count 2, he was sentenced to ten days in the house of correction, which sentence has been served.
He appealed his conviction to the Appeals Court pursuant to G. L. c. 278, §§ 33A-33G, claiming error in
the denial of his motion to dismiss the indictment, heard in the Superior Court before a different Judge. The Appeals Court
affirmed the convictions, with the provision that Manning be afforded a new trial if he so moved. Commonwealth v. Manning,
5 Mass. App. Ct. 25 (1977). We granted Manning's application for further appellate review on the sole issue of whether a new
trial was the appropriate remedy for the constitutional violations found here. 1

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