Mattapan Massacre defendant cites ‘error’
The man who was convicted of murdering two men, a woman and a 2-yearold boy after two trials in 2010’s notorious Mattapan Massacre is now pushing for a third shot at freedom.
Dwayne Moore’s lawyer claims overlooked cellphone records could undermine some of the testimony. A status hearing on his motion is scheduled for today in Suffolk Superior Court.
Moore was convicted on four counts of murder for the Sept. 28, 2010, execution-style killings of Levaughn Washum-Garrison, 22; Washum-Garrison’s friend, 21-year-old Simba Martin; Martin’s girlfriend, Eyanna Fionory, 21; and her 2-year-old son, Amanihotep Smith.
Moore’s lawyer, Chauncey B. Wood, filed the motion for an evidentiary hearing in December, arguing that, “Both the prosecutor and defense counsel failed to utilize evidence contained in existing cell phone records to correct false testimony, creating error that was likely to have influenced the jury’s conclusion,” the motion reads. The motion says the oversight by attorneys on both sides of the aisle violated Moore’s right to due process and his Sixth Amendment right to effective counsel.
The contested testimony was by the state’s lead witness, Kimani Washington, who pleaded guilty to six charges connected to the killings, including armed home invasion, carjacking, and armed robbery.
Jake Wark, spokesman for Suffolk District Attorney Daniel F. Conley, said in a statement:
“Nothing we’ve seen in the defendant’s motion warrants reversal of the jury’s verdict or casts doubt on the evidence adduced during five weeks of testimony from almost four dozen witnesses supported by more than 250 physical exhibits. We will continue to oppose it.”
The motion for Moore states an ineffective defense lawyer “failed to use the cell phone records ... to demonstrate that Kimani Washington was lying. Newly discovered evidence creates an inference that Kimani Washington planned and executed this crime on behalf of Boston’s most powerful street gang, the Columbia Point Dawgs. ... The Defendant further moves for release from unlawful restraint, and that his convictions of felony murder and armed robbery be vacated and that he be granted a new trial.”
The motion doesn’t specify how the cellphone records contradict Washington’s testimony. Wood could not be reached for comment.
Before Moore was convicted in 2010, a jury deadlocked on his case, leading to a mistrial.