Assistant Northwestern District Attorney Cindy Pepyne argues case before Massachusetts Appeals Court July 20

Assistant Northwestern District Attorney Cindy Pepyne argued the case of Commonwealth v. Angel Colon before the Massachusetts Appeals Court during the panel's July 20 sitting in Northampton.  

The three-justice court usually meets in the John Adams Courthouse but was in Northampton to hear six western-Massachusetts cases. The Colon case was the only one from the Northwestern District.

Colon's lead argument in the case is that a police officer violated his constitutional rights to be free from unreasonable searches and seizures when she pulled up to him in her cruiser and spoke to him as he walked down a South Hadley street.

Pepyne argued that not all encounters between citizens and police amount to a stop or a search.

As the Daily Hampshire Gazette noted in a July 21 story following the well-attended hearing noted,

"In the Colon case, Assistant Northwestern District Attorney Cynthia Pepyne argued Colon's conviction should stand.

"The three Appeals judges seemed inclined to agree, each expressing support for action taken by Eastern Hampshire District Court Judge John Payne Jr., who presided over the case."

The judges likely will reach a decision in several months.