Commonwealth v. Wall (Lawyers Weekly No. 10-160-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-09850 COMMONWEALTH vs. GREGORY A. WALL. Norfolk. May 9, 2014. – September 11, 2014. Present: Ireland, C.J., Spina, Cordy, Gants, Duffly, JJ.[1] Homicide. Intoxication. Malice. Evidence, Intoxication, Telephone conversation, Relevancy and materiality, Inflammatory evidence, State of mind, Impeachment of credibility, Medical record. Witness, Impeachment. Practice, Criminal, Capital case, State of mind, Assistance of counsel, Instructions to jury, Objections to jury instructions. Constitutional Law, Public trial. Indictment found and returned in the Superior Court Department on May 30, 2002. The case was tried before Judith Fabricant, J.; a motion for a new trial, filed on November 16, 2009, was heard by her; and a second motion for a new trial, filed on January 11, 2013, was considered by her. Matthew A. Kamholtz for the defendant. Tracey A. Cusick, Assistant District Attorney, for the Commonwealth. CORDY, J. Just before midnight on May 3, 2002, police responded to 16 Sumner Street in Quincy after a neighbor telephoned to report that she had just witnessed the defendant, Gregory A. Wall, moving a trash barrel with a human leg protruding from it across their shared backyard. On arrival, the officers observed a trail of red droplets leading to the defendant’s back door. Through a window in the door, one of the officers observed the legs of someone standing next to a plastic bag containing two human feet. On entering the apartment, the officers discovered a horrific scene. A woman’s body had been dismembered. The defendant was found moments later in his bedroom closet, his clothes and hands stained with the victim’s blood. He would give several explanations to police, generally claiming that, after the victim came to his apartment, he passed out due to his consumption of alcohol and prescription medication (Ativan) and woke up to find the victim dead. He was taken to the Quincy Medical Center for observation, where doctors determined that his blood alcohol content (BAC) was 0.21 per cent. The defendant was charged with murder in the first degree, and the Commonwealth proceeded on theories of premeditation, extreme atrocity or cruelty, and felony-murder.[2] Defense counsel, relying on evidence of the defendant’s intoxication and statements the defendant made to police, alleged that a third party — most likely the victim’s boy friend — entered the house and killed the […]
Taylor Street ‘Stop Work’ Order Lifted, East Wall to Be Rebuilt
The construction at 8-10 Taylor Street will go on, decided the South End Landmarks Commission on Tuesday night. The wooden home is only one of two in the South End. It has faced controversy in the neighborhood since construction started several weeks ago, had its stop work order lifted after the commission’s review. The stop work order had been imposed due to the homeowner and contractor’s decision to take down an extra wall during the demolition process. That demolished east wall will be rebuilt based on preservation’s standards, the commission decided. “The mistake was that you didn’t call when the wall had to come down,” said commission chair Christie Gamp. “I can’t believe knowing the contentiousness of this project and the neighbors that that didn’t happen… It’s unbelievable for the neighbors and all we’ve worked for and to feel like we’re blindsided,” said Christie Gamp. Owner Ramy Rizkalla said his project had always intended to rebuild the home’s east wall. “The design wasn’t discussed very much because we were under the impression because it doesn’t give onto a public way, it’s not under the commission’s purview,” he said. “The rebuilding of that east wall was approved from a construction perspective… the wall was bowing, it was rotting, there was termite damage and it needed to be moved because of the fire code.” After some public testimony, the commission decided to lift the stop work order, pending a further review of plans to rebuild the home’s east wall up to the state’s preservation standards. “I don’t think there’s any benefit to anyone to delay the project longer,” said commission member John Freeman. “We don’t have the purview to impose fines or a moratorium, although that can be done through the legal process. I want to see this project built because I’m embarrassed, quite frankly,” he said. Neighbors in attendance agreed, noting that since the wall was already down, it was too late for a stop work order to hold any value. “I’d much rather look at a home rather than a huge pile of rubble and a shoddily held up wall,” said Taylor Street resident Kate Alessi. South End Historical Society Executive Director Hope Shannon noted at the meeting that she’s concerned that the front façade is also in danger of being demolished. “To ensure it lasts is extremely important,” she said. Several neighbors and the Landmarks Commission also suggested to the owner to make amends in the neighborhood by adding improvements to the property’s nearby park. For now, expect to see construction on the house resume in the next few days, and expect to see an update during the commission’s March […]