Mass. Murder Conviction May Be Overturned

Guardian ^ | 11/4/03

[Tumbleweed_Connection]

BOSTON (AP) - Prosecutors asked a judge to overturn the murder conviction of a man who has spent more than 14 years in prison for the killing of a 12-year-old girl.

In a case that came to symbolize the city's gang violence, Shawn Drumgold was convicted of killing Darlene Tiffany Moore, who was shot as she sat atop a mailbox on a hot summer night in 1988.

Suffolk County's chief homicide prosecutor, David E. Meier, filed a motion Monday citing new evidence, the failure of prosecutors to disclose some evidence and possible wrongdoing by officials during the original investigation and prosecution. It called for overturning the conviction ``in the interest of justice.''

Drumgold, a known drug dealer, had always maintained he was nowhere near the scene of Moore's slaying.

If Superior Court Judge Barbara J. Rouse grants the motion, Drumgold would be eligible for a new trial. However, Meier's motion indicated that he would not seek to retry Drumgold, who was 22 when he was convicted and now is 37.

``It's a great day. I think it's certainly a step in the right direction,'' said Drumgold's lawyer, Rosemary Scapicchio. She said she spoke to Drumgold by telephone Monday and he was ``ecstatic.''

In his motion, Meier said a hearing held in August ``lead to one inescapable conclusion: That justice may not have been done.'' He said evidence introduced at the hearing did not exonerate the defendant. but did ``establish he did not receive a fair trial.''

The hearing was set up after some witnesses recanted testimony, and another witness claimed authorities coerced him into testifying against Drumgold.

Neither the defense nor the jury were told that a witness who said she saw Drumgold leaving the scene of the shooting had a form of brain cancer than can affect perception and memory.

[clee1]

Justice must be served. If the convict didn't commit this crime, he should be released. If there was some misconduct by the gov't, he should be appropriately compensated.

[Paradox]

Although I may sound like a liberal for saying this, the prosecution is often so eager for a conviction, that it clouds their judgement. I used to think the Defense attorneys were the scumbags, now I know it happens on both sides, and this is from personal experience..

[Britton J Wingfield]

You sound more like a realist.