32
evidence and its reasonable inferences.
Duguay, 430 Mass. 397, 404 (1999).
See Commonwealth v.
There was no improper burden
shifting.
Additionally, William contends that the prosecutor argued
facts not in evidence in two instances, amounting to reversible
error.
Specifically, the prosecutor mistakenly stated that
people came to the Lyonses' home in response to the motorcycle
advertisement (they only had telephoned), and that the Lyonses
received the letter alleging sexual molestation before rather
than following the e-mail sent by "Brian."18
The prosecutor's
two misstatements of fact did not result in a substantial risk
of a miscarriage of justice.
The facts were many and varied,
and none of the misstatements "went to the heart of the case."
Commonwealth v. Coren, 437 Mass. 723, 731 (2002).
Further, the
judge properly instructed the jury that closing arguments are
not evidence.
8.
Consequently, reversal is not required.
Speedy trial claim.
Approximately two years after the
defendants were charged, they moved for a dismissal pursuant to
Mass. R. Crim. P. 36, as amended, 422 Mass. 1503 (1996), due to
speedy trial violations.
The motion judge acted well within his
discretion in declining to accept defense counsels' unsworn
18
While it remains unclear from the record whether the
"Brian" letter or e-mail arrived at the Lyonses first, we
acknowledge there is a chance the prosecutor might have confused
the sequence of events.
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