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Odgren's attorneys ask for verdict to be scaled back

July 26, 2010 01:07 PM

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WOBURN – Prosecutors who won the first-degree murder conviction of John Odgren asked a Middlesex Superior Court judge today to let the decision stand, opposing a defense request to scale the verdict back.

Assistant Middlesex District Attorney Marguerite Grant cited the Supreme Judicial Court’s position that judges do not “sit as a second jury,” and said the 12 jurors who convicted Odgren did their diligence in delivering the verdict.

"I would likewise suggest your honor doesn't second-guess their wisdom," Grant told Superior Court Judge S. Jane Haggerty.

Lawyers for Odgren have asked Haggerty to reduce the teenager’s first-degree conviction to second-degree, which would change his sentence of life in prison without parole to life with the possibility of parole after 15 years. Under such a change, Odgren, now 19, could be released from prison while in his 30s.

Odgren was convicted of the fatal stabbing of James Alenson in 2007 in a bathroom at Lincoln-Sudbury Regional High School. Odgren was 16 at the time, while Alenson was 15. The two boys did not know each other. Odgren had a long history of mental illness. His parents told Northeastern University criminologist James Alan Fox in a story in Sunday's Globe that they were haunted by his incarceration and his mental illness.

Haggerty took the defense request under advisement.

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Reporter Patricia Wen is covering the decision by Suffolk prosecutors to drop rape charges against Max Nicastro.
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