BOSTON – A Boston man who has twice been convicted in a fatal bar stabbing may go to trial a third time after the Massachusetts Appeals Court on Monday found that his rights were violated because members of the public were excluded from a portion of jury selection during his second trial.
The Appeals Court reversed Joseph Downey’s conviction but prosecutors say they are prepared to put Downey on trial a third time if their appeal of the court ruling is unsuccessful.
Downey and his brother, Daniel, were convicted of second-degree murder in the 1997 killing of James Murphy inside a South Boston bar.
In 2004, a judge ordered a new trial, finding that the men’s attorneys agreed to wear microphones for a documentary without their consent.
The British film company Lion Television spent a year inside Suffolk County courthouses for the documentary, which was broadcast as part of WGBH-TV’s “Frontline” program in 2000.
The recorded conversations between the two brothers and their attorneys included discussions about possible guilty pleas midway through the trial.
Copy the Story Link
Send questions/comments to the editors.
Success. Please wait for the page to reload. If the page does not reload within 5 seconds, please refresh the page.
Enter your email and password to access comments.
Hi, to comment on stories you must . This profile is in addition to your subscription and website login.
Already have a commenting profile? .
Invalid username/password.
Please check your email to confirm and complete your registration.
Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.
Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.