STORY: "SJC seems to support freed Lowell man," by reporter Milton J. Valencia, published by The Boston Globe on November 9, 2016.
GIST: "The state’s Victor Rosario was freed two years ago after Superior Court Judge Kathe M. Tuttman ordered that he receive a new trial. The Supreme Judicial Court will decide whether he remains free pending a new trial, or whether Tuttman erred in her decision, which would mean that Rosario would have to return to prison to complete his sentence. Chief Justice Ralph Gants questioned what standard the court should follow in determining whether Tuttman erred and abused her discretion in ordering a new trial, the main question of law that the court was asked to consider. “Don’t we focus now on the fundamental issue of whether there was a substantial risk of a miscarriage of justice?” the judge asked. Lisa Kavanaugh, one of Rosario’s lawyers, agreed, saying, “Mr. Rosario’s case . . . constitutes a virtual perfect storm of injustice.” Rosario, now 59, was sentenced to life in prison for the 1982 Lowell fire, which killed eight people, including five children. Rosario was freed from prison. Middlesex District Attorney Marian T. Ryan appealed Tuttman’s decision to the Supreme Judicial Court, saying the new diagnosis of delirium tremens was not sufficient to warrant a new trial. At Tuesday’s hearing, Assistant District Attorney Jessica Langsam argued that Rosario had already argued that his confession was involuntary because he was suffering a psychotic episode and therefore the diagnosis was not new evidence. But Gants and other justices seemed to agree with Kavanaugh that the trial judge had the authority to consider the new diagnosis in light of the advances in witness identification and arson investigation technology."
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/