Judge asked to toss charges; Men juveniles when indicted.
Byline: Gary V. Murray
WORCESTER - A judge was asked yesterday to reconsider her earlier denial of a motion to dismiss murder indictments Noun 1. murder indictment - an indictment charging someone with murder
bill of indictment, indictment - a formal document written for a prosecuting attorney charging a person with some offense against two Milford teenagers charged in a fatal stabbing two years ago.
Lawyers for Patrick I. Powell and Vinnie Ruscitti, both 16 when they were charged in the Jan. 6, 2006, stabbing death of 21-year-old Daniel Columbo, maintained in their motion to dismiss that subjecting their clients to mandatory life sentences without parole if they were convicted of first-degree murder would amount to cruel and unusual punishment Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community. under the state and federal constitutions. Mr. Powell's lawyers, John G. Swomley and Kenneth J. King and lawyer Michael S. Hussey, representing Mr. Ruscitti, challenged the constitutionality of a state law requiring that murder suspects between the ages of 14 and 17 be tried as adults and face the same penalties as adult offenders if found guilty.
They contended that juvenile offenders are less culpable Blameworthy; involving the commission of a fault or the breach of a duty imposed by law.
Culpability generally implies that an act performed is wrong but does not involve any evil intent by the wrongdoer. than adults who commit the same crimes because of the youths' cognitive and psychological immaturity.
Finding that the issues raised by the defense were not yet ripe for the court's consideration, Judge Kathe M. Tuttman denied the motion last month. The judge said the motion could be renewed in the event either defendant was convicted of first-degree murder and sentenced to the mandatory term of life imprisonment Imprisonment
See also Isolation.
former federal maximum security penitentiary, near San Francisco; “escapeproof.” [Am. Hist.: Flexner, 218]
German prison ship in World War II. [Br. Hist. without parole.
Mr. King asked Judge Tuttman during a hearing yesterday in Worcester Superior Court to reconsider her denial of the motion to dismiss, or, in the alternative, to report the questions of law raised in the motion to the state Appeals Court for its consideration. Mr. King said the legal issues raised on behalf of Mr. Powell and Mr. Ruscitti were "of substantial public import" to warrant consideration by an appellate court A court having jurisdiction to review decisions of a trial-level or other lower court.
An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. before trial.
He said the Worcester Superior Court case stemming from the killing of Mr. Columbo during a fight outside the victim's Milford home was among several prosecutions statewide involving murder suspects between the ages of 14 and 17.
Assistant District Attorney Eduardo O. Velazquez opposed the request for reconsideration, saying a grand jury had determined there was sufficient evidence to charge Mr. Powell and Mr. Ruscitti with murder.
"We're looking for Looking for
In the context of general equities, this describing a buy interest in which a dealer is asked to offer stock, often involving a capital commitment. Antithesis of in touch with. a trial date," the prosecutor told the judge.
Mr. Hussey also asked Judge Tuttman to amend her ruling to allow the renewal of the motion to dismiss after any first-degree murder conviction in the case, but prior to sentencing.
Judge Tuttman took all of the requests under advisement Deliberation; consultation.
A court takes a case under advisement after it has heard the arguments made by the counsel of opposing sides in the lawsuit but before it renders its decision.
ADVISEMENT. and continued the case to April 17 for a final pretrial conference A meeting of the parties to an action and their attorneys held before the court prior to the commencement of actual courtroom proceedings.
A pretrial conference is a meeting of the parties to a case conducted prior to trial. .
NOTE: 2006 INCIDENT