Western Mass News – November 9, 2022

Pittsfield >> The prosecution’s case was dismissed and a Pittsfield man walked free out of the courtroom on Monday in the Central Berkshire District Court.

The trial against James Duncanson, 38 of Pittsfield, was stopped abruptly when Duncanson’s defense attorney successfully argued that the prosecution didn’t meet the standard of proof needed to send the case to the jury. Attorney Marc Vincelette made a motion for required finding at the conclusion of the Commonwealth’s case due to the prosecution’s witnesses failing to identify the defendant during their testimony.

Vincelette argued to Judge Brandon Freeman that a city police officer and the alleged victim gave an incomplete identification of Duncanson on the court record. Specifically, Vincelette stated, “no one testified that the person sitting next to me is the same James Duncanson that was arrested that night.” Following the argument, Freeman took a lengthy recess before returning to the bench where he agreed with Vincelette and dismissed the case.

Duncanson was facing felony assault and battery with dangerous weapon charges from an incident on July 10, 2022. He was accused of throwing a pair of scissors at a roommate after a dispute about the rent costs. Pittsfield Police responded to the scene but were unable to locate the weapon. Duncanson faced 2 ½ years in jail if convicted.