Mattapan massacre defendant’s new trial begins

Police stand at the scene of the crime in Mattapan in 2010. A jury could not reach a verdict on the charges against Dwayne Moore, the accused gunman, during his trial earlier this year.

The retrial of a man accused of gunning down four people including a 2-year-old boy and his mother is set to begin under what legal experts said is an “uncommon” and “innovative” circumstance.

Jury selection is scheduled to start today for the second trial of Dwayne Moore, the man accused of being the gunman in the Mattapan massacre that left five people shot and four dead in 2010.

But instead of coming from Suffolk County, the jurors will be coming from Worcester County after a judge ruled on a defense attorney’s request to change the venue of the trial because of the significant media coverage. Instead of relocating the trial, the judge ruled that jurors would be bussed in daily from Worcester County.

It’s not an unheard of move, legal experts said, but one that is not common.

Bob Bloom, a Boston College Law School professor, called the busing ruling “innovative” and said the judge is trying to balance the need of a fair trial and the concerns of witnesses and victims’ family members.

However, the hours of commuting could cause a problem with the jury.

“One of the things I would have a worry about is that the individual jurors are spending more time together, so there’s down time and possibility to talk about the case,” Bloom said.

Boston criminal defense attorney William D. Kickham said that while the judge is using the “uncommon” method to try and ensure a fair trial, the Worcester County jury pool is still exposed to Boston media coverage.

“Especially in the age of the Internet, it could be argued that jurors in Worcester County are just as exposed to the media attention as jurors in Suffolk County,” he said.

Both Bloom and Kickham agreed that they don’t see the busing of jurors being as a future issue at appeal if there is a guilty verdict.

Waiting for rulings from the judge

One of the most controversial aspects of the new trial is the memory of a key witness.

Marcus Hurd was one of the five people shot during the home invasion and was the only one to survive. Hurd was shot in the head and is now a paraplegic, but he testified during the first trial and at a recent pretrial hearing.

Hurd originally testified he said he couldn’t identify the men who set upon him. He only gave vague descriptions.

However, Hurd has since told police detectives and a victim-witness advocate that he recognized suspect Dwayne Moore’s “bone structure” and skin color while he testified during the first trial.
A judge has yet to rule on whether Hurd’s new testimony will be allowed in the upcoming trial.
 
The victims

Five people were shot and four were killed in one of the most shocking murders in recent Boston history.
   
Amanihotep Smith, 2
Eyanna Flonory, 21
Simba Martin, 21
Levaughn Washum-Garrison, 22



News
Entertainment
Sports
Lifestyle
Local

Mayor announces public housing improvements

Mayor Bill de Blasio spoke at the Lincoln Houses in East Harlem on Wednesday, calling for the scaffolding to come down at NYCHA complexes across…

National

Peter Theo Curtis: American released by Syrian militants…

An American writer freed this week from two years in the captivity of insurgents in Syria spoke briefly outside his family's Cambridge home Wednesday of…

Local

Bratton defends 'broken windows' work as NYPD support…

Sixty percent of those polled said they support the "broken windows" theory approach popularized by Commissioner Bratton since his first term in the 1990s.

Local

Transit changes for Labor Day weekend

The MTA is adding additional service Friday for New Yorkers getting out of the city for the long weekend. On Friday, Aug. 29, 27 additional…

Television

'Full House' might be relaunched with some of…

A new "Full House" might be in the works.

Movies

Review: 'The Congress' is a crazy, unwieldy sci-fi…

Robin Wright is the center of gravity in "The Congress," which turns from a live-action Hollywood satire into an animated spectacular on a downer future.

Movies

Review: 'The Last of Robin Hood' is a…

Dakota Fanning plays Errol Flynn's (Kevin Kline) teenage gal pal in "The Last of Robin Hood," which takes a scandal and makes it dully empathetic.

Movies

Review: The uneven 'Life of Crime' mostly gets…

Elmore Leonard's "The Switch" becomes the new indie crime dramedy "Life of Crime," with Jennifer Aniston as a kidnapped woman whose husband won't pay up.

Sports

Serena Williams leaving legacy of talented American women…

It seems only a matter of when, not if, Serena Williams will win her 18th career grand slam championship.

College

When are 2014 college football playoffs? (Schedule, date,…

When and where are 2014 college football playoffs? A look at the schedule, date, TV, time for the semi-finals at championship game.

NFL

Dimitri Patterson suspended only for rest of preseason…

Dimitri Patterson ended up getting just a slap on the wrist.

Sports

Eugenie Bouchard excited for 'rowdy' fans at US…

Eugenie Bouchard is sure to endear herself to New York's tennis faithful as she tries to win her first grand slam title across the next two weeks.

Wellbeing

Heart trumps brain when it comes to movies…

When you need a good cry, do you reach for the movie that’s “based on a true story”? Science says you’re giving your brain far…

Sex

The 10 types of people you meet online

Does it ever seem like online dating profiles tend to get a little repetitive? It turns out you are not the only one to have…

Home

Labor Day essentials

Whether you’re soaking up the sun on the beach or barbecuing in the park here are some must-haves for your end-of-summer bash.

Education

Does the school day start too early?

As thousands of high schoolers get ready to head back to class, health experts say it may be time to push back the start of…