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Jury acquits one in Mattapan massacre trial

By adamg on Thu, 03/22/2012 - 2:54pm

Suffolk Superior Court jury finds Washington not guilty in quadruple murder, can't agree on murder charges against Moore, judge declares mistrial for him, the Herald reports.

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Comments

By Kaz on Thu, 03/22/2012 - 2:59pm.

Washington was supposedly the wheel man. Moore was supposedly the trigger man.

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By anon on Thu, 03/22/2012 - 3:46pm.

It's Not a question of if it will come. It will come, and I would guess sooner than later.

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By MattyC on Thu, 03/22/2012 - 3:03pm.

Can't really get behind the jurors, but I'm not going to second guess them, either. You have to had been present for the totality of the proceedings to understand what they saw, heard and understood. The prosecutors, though, what freaking clowns.

Untrustworthy witness? Check.
No evidence? Check.
Reaching on unconnected charges? Check.

Apparently the only one going to jail for this travesty is going to be the witness, for whom the prosecutors are going to recommend a 16 - 18 year term.

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By Lunchbox on Fri, 03/23/2012 - 9:45am.

You prosecute the case you're given with the evidence and witnesses you have. You can't conjure eyewitness testimony and CSI-style evidence out of thin air. Not sure what more the prosecution could have done. Wait to compile more evidence? There's no guarantee that it will arise, and meanwhile memories are fading and victims' families are clamoring for justice.

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By MattyC on Fri, 03/23/2012 - 9:53am.

I did consider that after I fired off my rant. The fact is we are only one person away from a guilty verdict. The prosecution made a case good enough to convince 11 jurors, but not 12. Maybe in 10 other juries he would be guilty 10 times, but not this one.

I wonder why they couldn't prove Washington's guilt under the felony murder statute?

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By roadman on Fri, 03/23/2012 - 10:02am.

Which makes me wonder if our standard of requiring a unanimous verdict in these cases is too stringent.

In every other facet of modern society, decisions are made by majority rule, not by requiring 100% agreement. It's how laws are enacted and how officials are elected. Even in firing squads, one of the shooters was given blank bullets.

Perhaps it's time we adopt this principle to the judicial system as well.

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By adamg on Thu, 03/22/2012 - 3:58pm.

I want to make clear from the outset that we have every intention of holding Dwayne Moore accountable. Today's mistrial does not change our position that he pulled the trigger on five human beings, killing four and paralyzing one. We are steadfast in the decision to continue moving forward against him. These crimes demand justice and the evidence supports a conviction.

We knew from the outset that the case against Edward Washington was the more difficult to prove. It always is when the charge is felony murder and the theory is joint culpability. We believe the evidence supported his conviction, but the jury has spoken and we respect its decision.

We don't know what transpired in the jury room. We caught glimpses through the foreman's notes but we're not in a position to comment on deliberations.

There's a great deal more we'd like to say. But our determination to prosecute Dwayne Moore to a conviction on each of the remaining nine counts means we have to refrain from saying anything that could jeopardize a future trial. In the meantime, our thoughts and prayers now are, as they've been since that terrible morning, with the families and loved ones of those whose lives were lost.

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By anon on Thu, 03/22/2012 - 4:51pm.

The sound you hear, other than the agony of the families, is attorneys throughout Suffolk County prepping campaigns to unseat Conley.

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By adamg on Thu, 03/22/2012 - 5:12pm.

Statement from Police Commissioner Ed Davis:

Today’s development in the Woolson Street quadruple homicide has not deterred the focus and commitment of the Boston Police Department in partnership with the Suffolk County District Attorney’s Office to secure the justice deserved for the victims, their loved ones and the entire Mattapan community. We continue to extend our compassion and sorrow to the family and friends of the victims as well as express our steadfast dedication to pursue the prosecution of Dwayne Moore.

Officers are coordinating closely with city agencies such as the health department to provide residents with direct access to support services. As a precaution, additional officers will be in the area walking and talking with residents. At this time, the criminal justice process continues and it is imperative as a community to respect that process and allow it to work.

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By anon on Thu, 03/22/2012 - 6:38pm.

The cops in the neighborhood who do a great job will bear the brunt of the community's wrath. Where can i get one of those stop snitchin shirts.

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By adamg on Thu, 03/22/2012 - 7:04pm.

The Globe reports from the Woolson Street area.

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By Dan Farnkoff on Thu, 03/22/2012 - 9:07pm.

deadlocked jury 11-1 in favor of convictions, or in favor of acquittal?

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By MattyC on Fri, 03/23/2012 - 9:20am.

From a report I saw on Fox 25 this morning, the lone juror was the only vote for aquittal, and he had wanted 100% absolute certainty, going beyond reasonable doubt.

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By roadman on Fri, 03/23/2012 - 10:26am.

If jury deliberations are supposed to be secret, then why are the jurors allowed to blab to the media about what transpired after the trial is over?

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By MattyC on Fri, 03/23/2012 - 10:38am.

I think that particular detail was gleaned from the proceedings a few days ago, when the jurors handed a note to the judge.

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By merlinmurph on Fri, 03/23/2012 - 12:29pm.

Well, according to a Brian McGrory article today (sorry, there's a pay wall), one juror claimed that the holdout declared very early on in the trial that she was going to be a holdout.

From the article:

That juror, a woman, said to the judge that a lone juror had told her earlier in the trial she planned to be a “holdout’’ or “hold-up,’’ said a person briefed on Thursday’s proceedings.

The juror at the sidebar specifically told the judge that the lone holdout had declared her intentions before deliberations began, the point at issue.

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By MattyC on Fri, 03/23/2012 - 1:04pm.

In that case, shouldn't that be enough for a mistrial, allowing them to retry Washington?

I am not a lawyer, if that's not obvious enough.

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By merlinmurph on Fri, 03/23/2012 - 1:25pm.

Sorry, I was lazy and didn't tell the rest of the story - not a good thing on my part.

After the judge is informed of this, she has a sidebar with the holdout.

From the article:

According to the person briefed on the matter, she [the holdout] was asked whether she told a fellow juror before deliberations began that she planned to be a holdout. She responded, “I don’t think I said that.’’

The judge questioned her about whether she had the ability to heed the jury instructions regarding reasonable doubt and absolute certainty. She responded, said the person briefed, “I think I can, to the best of my ability.’’

McEvoy felt she could not, or should not, dismiss a juror who did not acknowledge making a potentially disqualifying remark heard by only one other juror. Likewise, the holdout told the judge she understood the jury instructions and could heed them. The bar for disqualifying a juror is considered very high.

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By Ron Newman on Fri, 03/23/2012 - 3:50pm.

The jury unanimously voted to acquit him on all charges. An acquital can never be retried. The hung jury on Moore is already a mistrial.

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