Appeals Court Upholds Denial of New Trial in 2007 South Hadley Case

The Massachusetts Appeals Court has affirmed an earlier court's decision not to grant a new trial in a 2007 South Hadley breaking and entering case.  (Read decision here.)

In 2008, Angel Colon entered a plea of guilty of breaking and entering in the daytime with the intent to commit a felony and larceny over $250. He later filed a motion seeking a new trial, saying his defense attorney was ineffective in seeking the suppression of evidence gathered during two encounters Colon had with police.

Assistant Northwestern District Attorney Cynthia Pepyne argued before the three-member Appeals Court, which sat in Northampton on July 20, that the encounters with police were voluntary and friendly and did not amount to "stops."

Police did "what we expect them to do," Pepyne said: "keep their ears and eyes open."

The Court agreed, writing, "Because we conclude that the motion to suppress was properly denied, it follows that counsel's failure to pursue an interlocutory appeal from the denial of that motion did not constitute ineffective assistance of counsel.