Boston Herald

‘ENCOURAGIN­G SUICIDE WITH WORDS ALONE’

Carter’s team claims conviction violates Amendments

- By BOB McGOVERN

The new high-powered defense team representi­ng Michelle Carter argues that “words alone” can’t kill in their pitch to the state’s highest court — an appeal claiming her involuntar­y manslaught­er conviction is unconstitu­tional and violates both state and federal law.

“(T)his appeal presents novel questions of constituti­onal and criminal law,” Carter’s attorneys wrote in an appeal to the Supreme Judicial Court, filed Feb. 5. “It will set precedent for who may be prosecuted for encouragin­g suicide with words alone.”

Carter was given a 2 1⁄2-year jail sentence, with only 15 months to serve, last summer after Judge Lawrence Moniz found her responsibl­e for Conrad Roy III’s July 2014 suicide. Bristol prosecutor­s presented evidence convincing Moniz at a bench trial that Carter encouraged Roy to kill himself through texts and phone calls and told him to “get back in” his truck as it filled with deadly carbon monoxide fumes.

Carter has not been in jail since sentencing because Moniz granted a defense motion that allowed her to remain free until all of her state court appeals were exhausted.

“Carter is the first defendant to have been convicted of killing a person who took his own life, even though she neither provided the fatal means nor was present when the suicide occurred,” Carter’s attorneys wrote.

The Herald first reported that Carter’s team now includes former federal judge Nancy Gertner; William Fick, who represente­d convicted marathon bomber Dzhokhar Tsarnaev in his trial; and Daniel Marx.

Joseph Cataldo and Cory Madera, Carter’s defense team at the trial level, will continue representi­ng her in the appeal.

Carter’s new defense team argues to the SJC that it should take the case because Moniz’s verdict creates a veritable legal minefield. They argue that convicting a defendant of involuntar­y manslaught­er for encouragin­g someone to kill themself “with words alone” violates the First and Fifth Amendments.

They added that Moniz convicted her under a form of involuntar­y manslaught­er that was not in the indictment.

They also say Carter was improperly charged as a youthful offender rather than as a juvenile because, as required by state law, there was “no evidence that Carter ‘inflicted’ any harm on Roy.”

Bristol prosecutor­s, in response to Carter’s petition, argue that Moniz applied the involuntar­y manslaught­er law correctly. Prosecutor Shoshana E. Stern also wrote that Carter was properly charged under the youthful offender statute and that the SJC already addressed that issue when it first took up Carter’s case in 2016.

All documents regarding Carter’s appeal were initially impounded by the Massachuse­tts Appeals Court. However, after a Herald inquiry into the case, the SJC Clerk’s Office determined that portions of the appeal should have been public and released them yesterday.

‘It will set precendent for who may be prosecuted for encouragin­g suicide with words alone.’ — Carter’s attorneys in an appeal to the Supreme Judicial Court

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 ?? POOLPHOTO,TOP;GETTYIMAGE­SPHOTO,ABOVE ?? APPEAL: Nancy Gertner, inset, has joined the defense team of Michelle Carter, top.
POOLPHOTO,TOP;GETTYIMAGE­SPHOTO,ABOVE APPEAL: Nancy Gertner, inset, has joined the defense team of Michelle Carter, top.

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