
Joseph Cataldo, a lawyer for Michelle Carter, argued Tuesday that the criminal case against Carter shouldn’t move forward until the Supreme Judicial Court decides on an appeal of a judge’s refusal to dismiss the manslaughter charge.
Prosecutors argued the case should move forward while the appeal is pending.
Another judge heard the arguments Tuesday, but did not immediately rule.
Carter, then 17, is accused of sending 18-yearold Conrad Roy III dozens of text messages encouraging him to take his own life. Roy’s body was found in his truck in Fairhaven on July 13, 2014. He died of carbon monoxide poisoning.
In September, a judge rejected a defense motion to dismiss the charge, citing records that prosecutors have that show Carter was on the phone with Roy for about 45 minutes while he was inhaling carbon monoxide, heard him moaning and did not call 911.
The judge also cited text messages Carter sent to a friend after Roy’s death, saying she told Roy to get back in his truck when he became afraid.
Cataldo has argued Roy made his own decision to commit suicide and Carter tried to talk him out of it.
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