Citing pretrial publicity, Suffolk judge orders jury to be brought in from Worcester for retrial in Mattapan slayings

By Martin Finucane, Globe Staff

A Superior Court judge says a jury must be brought in from Worcester to ensure a fair retrial for Dwayne Moore, who faces charges that he killed four people and grievously wounded a fifth in Mattapan in 2010.

Judge Jeffrey Locke says he’s making the move because of the “extensive and sensational” media coverage of the previous trial, which ended in a hung jury in the case of Moore.

“I do not find the pretrial publicity here is such that a change of venue is mandated because of presumptive prejudice so ‘utterly corrupting(ing)’ a jury ... that the defendant can only get a fair trial through a change in venue. Rather, I find that the circumstances surrounding the retrial are appropriate for at least a partial change in venue in the exercise of my discretion,” Judge Locke wrote in a decision released today.

The retrial is slated to begin next week in Suffolk County.

Simba Martin, 21; his girlfriend, Eyanna Flonory; her 2-year-old son, Amanihotep Smith; and Levaughn Washum-Garrison, Martin’s friend who slept on a couch that night, were killed in the attack on Sept. 28, 2010. Marcus Hurd, 34, was wounded and left a quadriplegic. He has been a key witness.

Judge Locke is expected to rule soon, too, on whether Hurd’s new testimony — that he recognizes Moore as the shooter — can be allowed at the retrial, the Globe reported this week.