Opinion
No. 13–P–77.
2014-02-10
COMMONWEALTH v. Patton L. FLANNERY.
“A judge is not required to credit assertions in affidavits submitted in support of a motion for a new trial, but may evaluate such affidavits in light of factors pertinent to credibility, including bias, self-interest, and delay.” Commonwealth v. Buckman, 461 Mass. 24, 43 (2011). The motion judge did not find the defendant's affidavit credible, and we cannot say that he abused his discretion in determining that the defendant failed to establish that the public was excluded from the trial. We will not overturn the disposition of a motion for a new trial unless the motion judge's decision was manifestly unjust or unless the trial was infected with prejudicial constitutional error. Commonwealth v. Petetabella, 459 Mass. 177, 181 (2011). We find neither in this case. 1