Court grants new trial to homeless man in trespassing case
{{#rendered}} {{/rendered}}The highest court in Massachusetts has granted a new trial to a homeless man convicted of trespassing for taking shelter in privately-owned buildings during cold weather.
The Supreme Judicial Court found that the judge at David Magadini's trial was wrong to deny a request to instruct the jury on a so-called necessity defense. Magadini wanted to use that defense to argue that his behavior was justified for a person trying to escape extreme temperatures.
The court says the law "does not permit punishment of the homeless simply for being homeless."
{{#rendered}} {{/rendered}}The owners of three properties in Great Barrington had obtained no-trespass orders against Magadini. He was convicted of seven trespassing charges that occurred in 2014. The high court vacated six convictions but upheld one conviction for trespassing in June.