GIST: "A
Boston man who spent 38 years in prison in the killing of a cab driver
was released Tuesday after a prosecutor agreed to vacate his conviction
based on "significant doubt" about the fairness of his trial, including
the reliance on a witness who had been hypnotized. Frederick Clay was 16 when he was charged in the 1979 fatal shooting of 28-year-old cabbie Jeffrey Boyajian in Boston. Suffolk District Attorney Daniel Conley said he agreed to vacate
Clay's conviction after reviewing evidence presented at his 1981 trial.
That included the use of hypnosis on another cab driver who identified
Clay as one of three men he saw get in Boyajian's cab in Boston's Combat
Zone, then an adult entertainment district. Conley said investigators also unsuccessfully tried to hypnotize a
second witness, a developmentally disabled man whose apartment
overlooked the spot where Boyajian was shot five times in the head
during a robbery. In a statement, Conley's office said the re-investigation by his
office's conviction-integrity unit did not find "conclusive proof" of
Clay's innocence but "raised significant doubt as to the fairness of his
trial and the justice of his conviction." Conley said he had concerns about the use of hypnosis to enhance the
recollections of witnesses, a practice that has been largely
discredited. "As a prosecutor, my duty is to justice, not a conviction," Conley
said. "Given what we know today, that duty was best fulfilled by
affirmatively ending any further proceedings against Mr. Clay."
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