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January 28, 2011     Post-Gazette
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January 28, 2011

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POST-GAZETTE, JANUARY 28, 2011 Page5 David J. Saliba Attorney at Law April The defendant, Wayne Miranda, was convicted of murder in the second de- gree. Two witnesses testified against him. The defendant appealed the conviction based upon the fact that the witnesses were paid for their testimony provided that the defendant was convicted. The Supreme Court up- held the conviction. The Court said: 1. Payments to witnesses. As has been stated, before trial, Andrade and Rodriguez received monetary consider- ation, namely 83,000 each, from the chamber of com- merce pursuant to its re- ward program for informa- tion each provided that helped lead to the defendant's indictment. Un- der the program, the cham- ber of commerce would pay $3,000 for information that helped lead to an indictment in an unsolved homicide, and an additional $2,000 if the information provided led to a conviction. The office of the district attorney did not endorse the program, pro- vide any funding, or partici- pate in the decision-making process regarding whether payment should be made. The chamber of commerce, however, conditioned pay- ment on receipt of a letter Is it Lawful to Pay a Witness in a Murder Case for his Testimony on Condition that the Defendant is Convicted? COMMONWEALTH vs. MIRANDA SUPREME JUDICIAL COURT OF MASSACHUSETTS 458 Mass. 100 6, 2010, Argued September 27, 2010, Decided from the district attorney's office (which the prosecutor provided for Andrade and Rodriguez) stating that a par- ticular person did provide information in connection with a specific unsolved ho- micide that led to indict- ment, conviction, or both (verification letter). Thus, at the time of the defendant's trial, the prospect of Andrade's and Rodriguez's receipt of an additional $2,000 was conditioned on the outcome of the prosecu- tion of the defendant, that is, conditioned on his convic- tion. The defendant claims that, by providing a verifica- tion letter to the chamber of commerce, the prosecutor "knowingly participated in facilitating cash payments to [his] own witnesses, con- tingent upon outcomes." He argues that the circum- stances in which these pay- ments were made amounts to structural error and vio- lated his Federal and State due process rights. A lawyer shall not under Massachusetts rules:... "(g) pay, offer to pay, or ac- quiesce in the payment of compensation to a witness contingent upon the content of his or her testimony or the outcome of the case. But a lawyer may advance, guar- antee, or acquiesce in the payment of: "(I) expenses reasonably incurred by a witness in at- tending or testifying "(2) reasonable compensa- tion to a witness for loss of time in attending or testifying "(3) a reasonable fee for the professional services of an expert witness..." In this case the Prosecu- tor did not offer to pay the witnesses, it was the cham- ber of commerce. The Court upheld the conviction, how- ever the Court said: While the contingent mon- etary rewards in this case neither violated due process nor constituted structural error, we declare, exercising our superintendence au- thority, that prosecutors in the future may not provide (or participate in providing) monetary awards to wit- nesses contingent on a defendant's conviction. In so declaring, we recognize that, to prove the crime charged, prosecutors often need to procure the cooperation and truthful information or tes- timony of reluctant wit- nesses. The interests Of jus- tice, however, are not well served when a witness's re- ward is contingent on the conviction of a defendant rather than the provision of truthful information or tes- timony. The International Day of Italian Cuisines All around the world, Pesto honor: the previous ones alia Genovese was show- have celebrated Pasta alia cased on danuary 17 to Carbonara, Risotto alla mark the-lnternational Day Milanese, Tagliatelle al of Italian ~uisines. Each Ragfl Bolognese. As in the year since 2008, a different past editions, the IDIC has authentic ~ Italian dish ~en a worldwide celebra- has been selected for this tion of authentic and qual- f LUCIA RISTORANTE & BAR Traditional Italian Cuisine .- Donato Frattaroli 415 Hanover Street, Boston, MA 02113 617.367.2353 -- Open for Lunch and Dinner Daily -- Private dining rooms for any occasion J ity Italian Cuisine, to defend it from bogus and counter- feiting. Hundreds of chefs and res- taurateurs all around the world have prepared simul- taneously Pesto Genovese with pasta, according to an authentic recipe. The 2011 IDIC was launched in New York City for two days (Janu- ary 12 and 13) of great events, hosted by Cesare Casella. Dean of the Italian Culinary Academy. Talented chefs from all over the world -- led by 3 Michelin starred Massimili- ano Alajmo of Le Calandre Restaurant (Rubano -- PD), who cooked the Gala Dinner for the Italian Cuisine Worldwide Awards gath- ered in the Big Apple for a Media and Industry Preview of the worldwide Monday, January 17 celebration. There was also a video conference with Genova, where the IDIC was launched in Italy. and Singapore; here a sister event was held at Forlino Restaurant where Guest Master Chef was Massimo Bottura (Osteria Francescana. Modena, n. 6 on the 50 Best World Restau- rants List). On January 17. during the Pesto Genovese Festa, special events were held in various cities, orga- nized by itchefs-gvci senior members: Pietro Rongoni in Moscow, Elena Ruocco and (Continued on Page 15) BENJAMIN ZANDER and the BOSTON PHILHARMONIC Present Mid-winter Concert Series Featuring Works by Williams, Szyrnanowski and Elgarb Benjamin Zander, Music Director and Conductor of The Boston Philharmonic, will present the orchestra's winter concert series featuring Vaughan Williams' Fantasia on a Theme By Thomas TaUis; Karol Szymanowski's Second Violin Concerto and Sir Edward William Elgar's Enigma Variations on Thursday, February 24 at 7:00 PM and Sunday, Febru- ary 27 at 3:00 PM at Sanders Theatre in Cambridge and Saturday, February 26 at 8:00 PM at Jordan Hall in Boston. Violinist Ilya Kaler will be featured soloist on Szymanowski's Second Violin Concerto. Kaler is a major ex- ponent of this soaring, dauntingly difficult concerto, has made an acclaimed recording of the workand will be mak- ing his Boston Philharmonic debut with these concerts. Described by London's Gramophone as "a magician, be- witching our ears," Russian violinist Ilya Kaler is one of the most outstanding personalities of the violin today. Ilya Kaler has been compared to masters such as Itzhak Perlman and daseha Heifetz and he has the distinction of being the only violinist to win gold medals in three of the most prestigious international competitions: the Interna- tional Tchaikovsky Competition in Moscow (1986), the Sibelius Competition in Helsinki (1985), and the Paganini Competition in Genoa (1981). Kaler has had a distinguished career as a soloist, chamber musician, recording artist and educator ...... Waughan Williams was a composer very deeply invested in projecting the spirit of his native land onto the world's musical stage. The beloved Fantasia on a Theme by Thomas Tallis takes a theme by the great English Renaissance com- poser and weaves it into a very 20th century setting, in which three groups of strings combine in an astonishing, almost bewildering variety of texture and invention. The work takes its name from the original composer of the melody, Thomas Tallis (c.1505-1585). Vaughan Williams took much inspiration from music of the English Renais- sance and many of his works are associated with or in- spired by the music of this period. The Polish composer Karol Szymanowski is a fascinat- ing figure in the history of music. He allowed himself to come under a great variety of influences in his life, some of them very exotic indeed, like his fascination with Ara- bic music. Near the end of his life he sought ultimate in- spiration in the folk music of his native country. In his (Continued on Page 15) ( Real Estate Matted Gallo Appraisals Sales & Rentals 376 North Street * Boston, MA 02113 (617) 523-2100 * Fax (617) 523-3530 t