Supreme Judicial Court sides with Marshfield prosecutors

SJC rules that 9/11 terrorism law applies to Marshfield teens:

Ten months after the trial of Tobin Kerns officially ended the Massachusetts Supreme Judicial Court has finally ruled on the law that held up Tobins’ verdict.

In a key victory for Plymouth prosecutors, the state’s high court outlined today how a new law aimed at terrorist conspiracies should apply to two teenagers charged with plotting a Columbine-style attack on Marshfield High School in 2004.

In a unanimous opinion, the Supreme Judicial Court said the law was crafted to punish people who discuss violent attacks on public places or against individuals. The SJC said for someone to be convicted, prosecutors do not have to prove that the intended target somehow learns about the attack. The court said prosecutors cannot use evidence from co-conspirators to prove their case, but can draw on witnesses who learned about the threats. Today’s ruling is believed to be the first time the SJC provided guidance to judges on how to interpret the five-year-old statute.

I hate to say it but this does not bode well for Tobin. If any silver lining can be found in this black cloud is this ruling will apply to Joe Nee as well.

No word yet when the judge will deliver Tobin’s verdict.

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