Whether anyone is held responsible for the murders of four people, including a mother and her 2-year-old son, is now up to a panel of jurors from Worcester County.
The roughly 5-week retrial of Dwayne Moore, who prosecutors say shot five people, killing four of them, during a home invasion and robbery in Mattapan in 2010, ended Tuesday with closing statements from Moore's attorney and a prosecutor.
Moore's attorney, John Amabile, focused much of his argument on the credibility of a key witness, Kimani Washington. Washington admitted to participating in the robbery and said he left before Moore committed the murders. He signed a cooperating witness agreement with prosecutors and will serve about 16 years in jail.
"If he was a used-car salesman, he wouldn't sell one car," said Amabile, who pointed to Washington's criminal past and admitted role in the robbery. "He's a pimp, drug dealer and a thief. That's a great recipe for credibility isn't it?"
Amabile also suggested to jurors that prosecutors showed them graphic photos and images to get them to decide the case on "sympathy" rather than facts.
He argued that because there was no DNA linking Moore to the weapons or other evidence there is no reason to convict Moore.
Assistant District Attorney Edmond Zabin acknowledged Washington's criminal past and told jurors that they should believe Washington based upon the corroborating evidence.
"We never brought Kimani Washington before you to call him a hero," he said. "The question for you … is do you believe him."
Zabin also attacked Amabile's theory that Washington committed the robbery and murders with other men and not Moore.
"It is the time now for the rational, cold … examination of the facts of this case," Zabin said. "It's no place for shoddy theories based on nothing."
A judge was expected to give the jury its deliberation instructions this morning and then send them to deliberate this afternoon.
The deceased victims of the Mattapan shooting ranged in age from 2 to 22.
*Amanihotep Smith, 2
*Eyanna Flonory, 21
*Simba Martin, 21
*Levaughn Washum-Garrison, 22
*Marcus Hurd was shot in the head but survived. He is now a quadriplegic and testified during both trials.
Moore already faced a jury earlier this year with co-defendant Edward Washington. Washington was acquitted and a jury could not reach a verdict on the murder charges facing Moore, triggering a mistrial.
When the jury announced its decision earlier this year family members of the victims stormed out of the courtroom in anger and disbelief. Police were sent to the neighborhood were the murders took place and Mayor Thomas Menino urged people to be good to one another.
The jury in the first trial took seven days to deliberate.