Father and son who killed four in 1995 Charlestown massacre to remain behind bars, court says

September 5, 2008 09:03 AM Email| Comments (0)| Text size – +

(Pat Greenhouse/Globe Staff/file 1995)

Damian Clemente (left) and Anthony P. Clemente were arraigned on Dec. 11, 1995 in Charlestown District Court.

By Globe Staff

The state's highest court today upheld the convictions of Anthony Clemente and his son, Damian, for the murders of four men inside a Charlestown restaurant during lunchtime in 1995.

The Supreme Judicial Court unanimously upheld the first-degree murder convictions for both father and son and also upheld second-degree murder convictions for Damian.

"We perceive no reason to exercise our extraordinary powers to reduce the verdict or order a new trial,'' Justice Judith A. Cowin wrote for the unanimous court. "We affirm the convictions and the orders denying the motions for a new trial.''

Killed were Robert C. Luisi Sr., his son, Roman, their relative, Antonio Sarro, and a family friend, Anthony Pelosi. A fifth person, Richard Sarro, survived being shot in the stomach but refused to testify against the Clementes.

During their joint 1997 Suffolk Superior Court trial, Anthony Clemete testified that he shot all four of the men to protect his son, who had tangled with some of the victims in the North End before a chance encounter at the 99 Restaurant.

In their appeal, attorneys for the Clementes argued, among other issues, that they were entitled to a new trial under a 2005 SJC ruling known as Adjutant that allows jurors to learn about a victim's propensity for violence.

(Bill Brett/Globe Staff/file)

The shooting happened on Nov. 6, 1995 at the 99 Restaurant.

In a statement, Suffolk District Attorney Daniel F. Conley, who inherited the case from Ralph C. Martin’s administration, applauded the court’s decision.

“The trial jury heard evidence of the victims’ propensity for violence and properly rejected it,” Conley said. “These defendants armed themselves when the victims did not. These defendants opened fire when the victims did not. The facts, the evidence, and the law warranted these convictions, and we are very pleased that they will stand.”