Judge Lisa A. Warren has thrown out three felony convictions against a Massachusetts man after finding that former Orleans County State’s Attorney Jennifer Barrett violated the rules of criminal procedure. The judge found that the state did not provide evidence (discovery) to the defense, which may have been favorable to the defendant as required by law. Barrett is now a Vermont Superior Court Judge. Gov. Phil Scott appointed her in August of 2022. Two months earlier, in June of 2022, Barrett prosecuted David Vaz, 33, of Springfield, Massachusetts at trial and the jury found Vaz guilty of aggravated assault, kidnapping and first-degree unlawful restraint. But Vaz’s current defense attorney, Joshua G. Stern, filed a motion to dismiss the convictions or have a new trial. Judge Warren granted Attorney Stern’s motion to dismiss the convictions with prejudice on Tuesday. “This decision is not meant to undercut the accuracy of the jury’s verdict, which may well have been correct in all respects,” wrote Judge Warren. “However, the court must ensure that all defendants receive due process, and the State’s discovery failures have hindered due process in this case.” According to court documents, Vaz was one of several people who participated in the kidnapping and assault of Damion Daniels in the town of Lowell in November of 2017.
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