No Intent to Mislead Police During Fabricated InvestigationCriminal Law
Commonwealth v. Occhiuto, No. 13-P-1123 (Mass. App. Ct. Oct. 13, 2015)
The Massachusetts Appeals Court considered whether a defendant willfully misled police with the intent to impede a criminal investigation after police deliberately crafted a “sham investigation into a fake crime” in order to induce incriminating statements related to an underlying drug investigation. The court reasoned that the defendant could not have formed the intent to mislead police related to a fake investigation and reversed the defendant’s conviction.