Citing pretrial publicity, Suffolk judge orders jury to be brought in from Worcester for retrial in Mattapan slayings
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.
On the beat
Columnist Adrian Walker says UMass Dartmouth is shaken after revelations that one of the Marathon bomb suspects was a student there. Read more