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Let’s Meet The Players In The Chism Trial

It is never a bad thing to be somewhat informed before trial commences.

Definitely A Judge David A Lowy
Education: University of Massachusetts, Amherst, MA
B.A. in History, cum laude, 1983
Phi Beta Kappa, Honor Society, Phi Kappa Phi, Honor Society

Boston University School of Law, Boston, MA
J.D., magna cum laude, 1987

Employment and Teaching Experience
-New England School of Law, Boston, MA
Adjunct Professor Evidence, Criminal Procedure, and Criminal Procedure Clinic (September 1991-present)
-Suffolk University Law School, Boston, MA
Adjunct Professor Evidence, Criminal Procedure Clinic (1995-present)
-Commonwealth of Massachusetts, Superior Court Department
Associate Justice (August 2001 – present)

Notables on the Chism Case thus far
He ruled that Philip would be tried as an adult.

He denied a motion to seal evidence in the case against Chism, and in doing so issued a ringing defense of the First Amendment and the public’s right to observe the machinery of the justice system in all aspects of its operation.
The proceedings against Chism are in the pretrial phase, with prosecutors and the defense haggling over evidence and making preparations for jury selection. The judge’s decision involved a defense motion to impound a transcript and videotape of Chism’s statement to police on Oct. 23, 2013. In that statement, Chism allegedly confessed to killing Ritzer by slashing her throat with a box cutter.

Chism’s lawyers want to bar prosecutors from using that statement as evidence against him at trial. The defense also filed a motion asking Lowy to impound the transcript, claiming its release would taint the pool of potential jurors.

The Eagle-Tribune and The Salem News, as well as The Boston Globe, filed motions objecting to the sealing of the evidence.

“The presumption is that all proceedings are open and there’s a presumption that exhibits are open as well,” Andover attorney Peter J. Caruso, who represents The Eagle-Tribune, said earlier outside court after filing the objection. “There should be no secret hearing, and there should be no secret documents in a courtroom.”

In his ruling, Lowy agreed, noting that under our common law, the presumption is that judicial records are open to the public. Lowy quoted extensively from prior case law in supporting his ruling.

The Judge has not allowed the confession of the accused stating that it was not clear to him whether or not Chism understood his Miranda rights as read to him.

He has turned down a motion for change of venue requested by the defense team. His most recent ruling was to have the defense turn over the already much argued about interrogation tape due to the fact that he and the state believe that Chism is malingering as far as his supposed mental defects go.

DA’s Kate McDougal and David O’Sullivan

The lead attorney for the prosecution in the Philip Chism trial is well-regarded by colleagues, with extensive experience handling high-profile cases.

Kate MacDougall joined the Essex District Attorney’s office in 2006 as the director of the office’s Family Crimes and Sexual Assault Unit. Prior to that, she was the deputy chief of the child abuse unit for the Middlesex District Attorney’s office.
During her tenure in Essex County, MacDougall has tried numerous high-profile cases, including that of a Salem mother, Kristen LaBrie, convicted in 2011 of the attempted murder of her autistic son Jeremy Fraser by withholding his chemotherapy.

Kate graduated from Northeastern University School of Law and McGill University.
She will be joined by fellow assistant district attorneys Melissa Woodard and David O’Sullivan.

Melissa Woodward is an assistant DA. She attended Northeastern University School of Law
Experience
Deputy Chief, Family Crimes and Sexual Assault Unit
Essex County District Attorney’s Office September 2013 – Present (2 years 2 months)

Assistant District Attorney
Essex County District Attorney’s Office
August 2003 – Present (12 years 3 months)|Salem, Massachusetts

David O’Sullivan is a bit of an enigma. I can tell you he has been practicing for 12 years, is an assistant DA and he is fairly good looking. Hope that helps. I think he may be there to fetch coffee and be a runner since the two ladies seem to have it covered. We shall see.

The We Don’t Have A Defense Team.

Elsie Chandler is giving me a headache and I’m not even sure she actually exists at this point. The only one I can find is in NYC so I’ll have to get back to you on her. Or maybe it’s all part of the insanity defense and she is Jism’s invisible friend. Who fucking knows.

Denise Regan, who actually exists and works on the Chism case is senior trial counsel for the Committee for Public Counsel Services, because Massachusetts is to fancy to say public defender. She’s practiced in Massachusetts for 33 years.

Regan is no stranger to high-profile and emotionally difficult casesThe . She was the attorney for Thomas Mortimer IV, the Winchester man who pleaded guilty in 2012 to murdering his wife, two children and mother-in-law.

On the North Shore, she represented Tanicia Goodwin, a troubled Salem mother of two children she subsequently admitted to trying to kill.

Also on Chism’s defense team are public defenders Susan Oker and John Osler.

The Defense has tapped Dr. Richard D Dudley Jr as their defense expert at to whether our special little snowflake is batshit nuts or just a garden variety malingerer.

Now this dude is no joke and he carries serious weight in the courtroom because he actually tells the truth no matter how much money the defense wants to throw at him. His opinion is going to carry some weight. The good news is that even the people that in his opinion were completely fucked up during the commission of the crime, got convicted anyway.

Juries do not like the insanity defense, that is just a fact.

Of course there are going to be more as this progresses. The State has not announced their expert(s) yet, and we all know how legal teams change. I’ll try and keep it as up to date as I can.

We did get an awesome no nonsense Judge with fills me with glee because there will be no mayweapproachyourhonor. NOT GONNA HAPPEN!!

Works Cited
Eagle Tribune

That’s it for tonight
RBMD peacing the fuck out.

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21 Responses to Let’s Meet The Players In The Chism Trial

  1. You know, I may just follow this one with you, friend!! You’ve hooked me….

  2. reallybigmeandog says:

    That is fantastic Judy.

  3. Mama Via says:

    Mama’s (I’m feeling better now) Rant….

    We all know that there’s a plethora of “Jodi Arias” books…some are very informative and full of facts;

    *EXPOSED: the Secret Life of JA (Jane Velez Mitchell) the first if the genre, and, generally, full of good information from early in the trial.

    *Others are a review of testimony (I think that the In House Psychic was moonlighting) BEHIND THE WORDS-A Logical and Satirical Guide to the Impossible Defense of JA, by Kim Anne Whittemore (HIGHLY RECOMMENDED!). I REALLY enjoyed this 2-volume work! It was refreshing reading the author’s insight and her satirical commentary!

    *Then, there is the one that I won’t quote the TITLE (or author) because, (in my opinion) it seemed to be written by a professional Used Car Salesman (or an Amway Dealer) and (in my opinion) left me with the overwhelming need for a shower!! (I REALLY expected to find SOMETHING in that book that wasn’t already published somewhere else!) When you are TRULY “friends” with someone, (IMHO) and NOT just “work-related acquaintance-friends”…you meet for NON-work related events. For example, having a BBQ that doesn’t include a “Business Meeting” aka a “rah-rah session” for NutraLite, give a “free facial” (of the MaryKay kind!)) or talk about the “opportunity” for “unlimited income” if you will just sign on as a “Beauty Consultant”! Steven (I think) mentioned that Travis had survived at least ONE motorcycle accident and a snow-machine accident, which only family or a TRUE FRIEND would know all the details of the accident & Travis’ recovery! Additionally the incident would have been interesting to readers, because of Travis’ appearing to be “bullet-proof” and his ability to overcome any obstacle in his path. That book did none of that. (IMHO) My impression was that (in spite of the author’s statements to the contrary) the book was published only because it was an “opportunity” to make money. (The author posted a photo of himself standing in front of his new Jaguar and his huge house..(IMHO)…he appears to be very impressed with his (dropped out of college in the first semester) self. He also wrote that he didn’t graduate from high school until he was over 20 years of age! Obviously, there aren’t any Amway (or MaryKay) seminars admonishing the nouveau riche that it is gauche to brag or spew forth a torrent of rhodomontade! (Maybe that theory is in the second semester of one’s freshman year!). In spite of the 5-Star reviews written by obvious Canker Blossom Lickers… I would have to think hard if the choice were to either read it or have bamboo sticks shoved under my fingernails….

    One last comment. While I accept that the author has every right to include a HUGE Chapter about Mormonism…I cannot agree that it was proper to do so. Yes, Travis WAS a Mormon…no, he did not deserve to be slaughtered because of his actions…BUT…neither he OR HIS MURDERER were exhibiting the lifestyle of devout Mormons. Albeit, THAT has been a major issue within Mormonism, from the “antics” of Joseph Smith to the Mountain Meadows Massacre to forger Mark Hofmann to polygamist Warren Jeffs…it isn’t MORMONISM at fault…it is PEOPLE at fault…like Catholicism and the Crusades

    REVIEW: WHY NOT KILL HER:A Jurors Perspective /Paul Sanders

    First, let me tell you that what little I DO know about Paul Sanders, I like…but this is NOT a review of Mr. Sanders, it’s about his BOOK, so, please don’t confuse the comments following as anything except CONSTRUCTIVE criticism, in hopes that the next major trial he covers in Arizona will bring us a great insight into the trial.

    At my age, I have served on three juries, and been called for jury duty a total of five times. All of the trials were felonies, one, although it was a murder, was not CAPITAL murder. That being said…I’m a trial watcher, like all of you. I started watching Court TV in 1991…I was hooked with the Menendez Brothers, O J Simpson, ALL the Petersons: Scott, Michael and Drew…and I’ve probably read every Ann Rule book ever published…as well as many, many others. (Helter Skelter was my first, I think)…so I basically KNOW how a juror thinks…well, except ANY of the Pinellas Pinheads who found Casey Anthony “not guilty”!!

    “WHY NOT KILL HER” has over 700 pages and costs around $12. I don’t gave a problem with either of those…I PREFER 700+ pages, and expect to pay between $10 to $16 for a kindle book. No prob. I was AFRAID that the book would be nothing more than a compilation of Sanders’ FaceBook posts. This proved wrong…there was more information than just his FaceBook work. BUT, the writing style was very similar.

    My ONE MAJOR COMPLAINT was that I had already bought and paid for BRAIN DAMAGES-Marissa DeVault Trial. And, it was okay that the author reminded us of his participation in that trial, alright that he remind us that he wrote a book about it…but, PLEASE…NOT ON EVERY PAGE….sometimes in EVERY SENTENCE OF EVERY PARAGRAPH of every page!! He was clever and creative in the ways he wrote “…as I wrote in BRAIN DAMAGES, where I discussed my experience as a juror in the Marissa DeVault trial…” PERHAPS I could come up with 3-5 ways to say that…but Sanders has a real talent doing so! (Even so, it was irritating and distracting! If one removed all the references that either brought up the DeVault trial or his experience in that jury, the book would be about a 4 hour read. I got to the point where I just skipped those paragraphs (and chapters) that were about Melissa.

    Gramma used to say “don’t be a name dropper, succeed on your own merits”. In many spots in the book, he detailed his interactions with Jen Wood, Beth Karas and many others. No problem, I guess. But Gramma’s advice made sense when he brought up “Juan Martinez’ Tie” and others related to “Tie”…the reference and his comments caused me some concern. (He did NOT mention the “impending arrest” of MDLR, tho…his just proves that name dropping can be a double sword, don’t you think? He also mentioned ALMOST every blog that he filed a “Guest Blog” on…(inadvertently, I suppose) MY FAVORITE BLOG!

    In the “don’t do as I do, do as I say” qualifiers….there is good news/bad news. Much like the other books I’ve mentioned here, this book is self-published. For 90% of the population, this is not an issue. The good news is that many people have access to FINALLY publishing that book that they’ve forever promised themselves they would write. And some, like “THE MARTIAN” have become unqualified best selling books..with movie contracts! The bad news is that either they do not proofread their own work, or if they do, do not know the intricacies of the English language. As an example, the difference between hair and hare or their, they’re and there. I’ve been reading for 59 years, I am a voracious reader and I’m a college graduate (with an emphasis in English). My iThing has a habit of auto correcting “is” to “us” and “if” to “of”…and it irritates the hell out of me when I’m rushing…and post before I proof read! I always find my errors after-the-fact, and cannot go into many blogs and correct the mistakes! Because I’m thinking faster than I type, I also mis typing conjunctions and modifiers. So, with this new ability to self publish, there are no proof readers or editors “massaging” the material to correct errors in syntax, spelling, meaning, repetition or grammar.

    Overall, the book was interesting. If you’ve never been called for jury duty, haven’t watched trials on TV, and didn’t analyze the day to day goings on in the trial, this is a unique view. And as his viewpoint was not as a juror, who had to keep an open mind, and not judge till in the jury room…or a journalist (or pretending to be one), he wasn’t required to be non-judgmental, so we were given a look into his view of each day’s events.

    Generally, if you want to read it, I’d advise getting it at the library. I don’t see it being “shelf-worthy”. (I have only ONE shelf for my books…kindle books worthy of a second (or more) reading, I buy, and store on my crowded shelf. Often, this means that I have to remove one book to add the new one.)

    My advice to Sanders: with your next book, restrict the number of comments about the trial you served on, and the references to the other books you’ve written. It’s possible that your readers have already had access to your other books, and it is distracting. Second, get a proof-reader/editor. If you cannot afford to hire one, contact your local college or university and ask the English/Journalst professors for a recommendation. You might find a student who will do proof-reading/editing for little to nothing; perhaps just to get experience in their chosen field.

    Last…be sure that you note when you are speculating or when you’ve actually interviewed someone. I was confused (still am)
    about whether the information about juror 3 was what SHE said or whether you THOUGHT those items were what she might feel. Read your chapters out loud. Often, you can “hear” when the words do not flow well.

    Ok…that’s it for today!

    • Lorig234 says:

      Paul sanders now lives in Washington state. He is going to write a book about the carnation murders. He wasn’t a juror so let’s hope there aren’t those references

    • TrulyUSA says:

      Can’t figure out why on earth he would even mention “Tie” after that fiasco of fantasy facts she farted from her fanny. (Thought you would like that one, Mama!)

      • reallybigmeandog says:

        Well, DON’T YOU KNOW WHO SHE IS? Probably scared for his life..fuck, it got that little devil angel thing going on at the moment. One is saying hit the post button and the other is saying don’t do it. what to do? I know. WWJTD? Hit the fucking button that’s what.

      • TrulyUSA says:

        Ha ha ha! Well, I’m gonna say the ANGEL won that time! The devil has permanent residence in HER heart!

      • Mama Via says:

        I LOVE farting fantasy facts! Well…aunt Annie Rule made a fortune with Seattle crime…I do wish Mr Sanders all the best with his new books…(but still hold with my opinion that he needs a proof-reader/editor!

        Daughter o’mine….if I hadn’t talked with MsWhittemores own daughter, I’d be thinking you were telling a tall tale! BEHIND THE WORDS was sharp, funny and VERY ENTERTAINING! I just finished reading them both a second time! I sure wish that she would work on the days Juan was grilling her!

        Speaking of Juan…his book drops in January….I wonder about the insights HE has!!!!

        281129 just celebrated her 6 month anniversary at perryville…gee, I’d like to be a fly on the wall!!! I hope they e repainted her room BLUE!!!

    • reallybigmeandog says:

      Well, now we get the Daughter mini rant, rant. Jane’s book was good, although no shocking revelations and that is the thing about all these true crime books. If you followed the trial, there are no stunning revelations, but I read them anyway. Almost compulsively. Behind the words was hilarious and I swear to god I did not write it. I promise it wasn’t me. I would have said. Then came the much touted book of douchery to make some quick bucks. I didn’t buy it, I didn’t rent it, and I wouldn’t even borrow it from the library. Yes we have one, my kid goes for me. I found the very notion offensive once I found out the proceeds were not going to the family which is the way it was originally presented.

      Why not kill her? I don’t have a fucking clue. The book was okay but I have the exact same complaints as my mama. Drove me a little banana’s to be honest. I didn’t buy it, I borrowed it. I bought the first one and decided I couldn’t afford to purchase the second for that calibre of writing. I love Paul as a person, and I hope he hits his stride and stops having to use that because Paul has talent.

  4. TrulyUSA says:

    Thanks for all the information Kelly! I LOVE IT that we are going to have a “real” Judge for this one!

  5. reallybigmeandog says:

    Hai Truly. You are as always welcome. I love me a good trial with actual judges and lawyers and things. Still don’t know who the mitigation specialist will be or who is going to abandon ship or we might all lose out and he cops a deal. So many things could happen.

  6. Gwen Bazzrea says:

    Awesome! Four posts in five days- Kelly you are on a roll! Feeling better today. The big black dog is now slate grey, so there’s been improvement. Still need to take my hair out of this messy bun, detangle the matts, and wash this depression-fueled hot mess. I’ve been awake for 32 hours now. My third or fourth wind is barely blowing, so the BazzetMom is going to bed for just two hours- I hope that’ll put me back on a humanish sleep schedule.

    LYLAS & ZZZZzzzzzzzz,
    Gwen

  7. reallybigmeandog says:

    Hai Gwen. I have a purpose now, which is all I ever need to be motivated enough to write. I am very glad the black dog has turned a shade of grey. Oh hunny, I have so been there and mama too so we totally get it. Try and get some sleep. LYLAS
    Kelly

  8. Mama Via, you made me think of something when you said, “281129 just celebrated her 6 month anniversary at perryville…gee, I’d like to be a fly on the wall!!! I hope they e repainted her room BLUE!!!”

    Now, I’m wondering how often they retake their photos at Perryville. I’d like to see an updated picture of inmate 281129, now that she cannot get hair dye and things like that. Just think, any gray will be showing in her hair as well as each wrinkle on her ugly mug! Her big smile was gone in her mug shot to Perryville and I bet its REALLY gone by now. Finally, she’s a nobody!

    • Mama Via says:

      I laugh every time I think about it! I’m going to give my genes all the credit…but…I do not EVEN look my age…no crows feet, no “puppet mouth” lines and (cuz I’m FAT) my cheeks aren’t all sunk in…(when my son was 20, and I went to see him at work, one of his friends said “Who was the hot chick I saw you with?” “EEEUUUWWWW!!!” He said “That was no hot chick, that was my MOM!!” Which is how I learned what a MILF was…but that’s another story….)

      Personally…I think that every dollar we spend on “cosmetics” is useless…a few times, I’ve spent a fortune on some creme or another that was going to make me “10 years younger”…and I’ll use it twice…and forget I have it…and it goes bad from old age…all I’ve ever used is a lot of water and a bit of soap…and unless I’m getting dressed up…I don’t wear makeup…(mostly because I wanted to be appreciated for who I am…and not “how I look”…but, that’s another rant….

      My point is…your daily life truly affects your face…and the way it ages…example…link at Angela Simpson…wow! Looks “rode hard and put away wet”! My son’s aunties look like they were beat with an ugly stick…look more like 70 than 60! Or look at 281129 before the trial…and just 3 years later! She looks 15-20 years older! (Not that mom is a raving beauty!) AND Hispanics are NOTORIOUS for looking A LOT younger than they really are! (My ex looks more like 45 than 75!) Most African-Americans, Asians, Pacific Islanders, etc have much more natural oils in their skin, and therefore don’t age as fast as us “white guys”…we have fair skin, not much natural oil/moisture and we are susceptible to sun damage with just 5-10 minutes of sunshine.

      So…all of that being said…its been my observation that harsh weather…like the hard winters up in the plains states, take a toll…keeping a “beautiful tan” (and laying in tanning booths) take the toll on our skin on the east and west coast… But…

      The ONE thing you don’t have (much) control over…but ages you greatly…is the stress in your life. Even 37 years of smoking didn’t do much to me! Thank goodness!! I noticed that I aged most when my son first started driving…and when he was away in the navy….oh, and during my divorce…

      I have been surprised at times, to see someone on tv, and think that their age was similar to mine.,,then discover that they are 25-30 years younger!! But…on the other hand…look at a recent photo of Christie Brinkley! You’d NEVER guess she’s over 65!!! Admittedly, some is just having a good makeup artist doing your face…but genetics, sun exposure and a life without stress are the three issues that affect you most…the hatefulness in your heart will eventually show on your face…and with 281129…her hatefulness is all-consuming!!!

      Don’t worry, be happy!

      Yes. perryville was able to wipe that smirk off her face…I was pleased to note that the self-absorbed “man-eater” was affected…and she probably isn’t happy!! I don’t know how often they take pics!

    • reallybigmeandog says:

      Oh Judy, I take suck great pleasure in watching them age. Prison does NOT do wonders for the completion.

  9. Constance says:

    Love the fact that Judge and the State believe Jism is malingering.

    Seems like amateur hour theatrics to me as well.

    If teenage rapist/murderer/attempted murderer who planned both attacks is incompetent to stand trial / insane.. saying he hears voices that tell him not to trust his attorney (probably because they are telling him he is going to spend the rest of his miserable life in jail without the possibility of parole), and he wishes someone would shoot him in the courtroom, and pounding his head against the floor or wall — it would have been going on since the beginning of his arrest or even prior – not just starting it from the day jury selection begins.

    I don’t think Jism is physiologically crazy at all.
    A remorseless sociopath, yes. There is a difference.

    Glad you are covering this Kelly! Nobody does it as well as you do!

  10. reallybigmeandog says:

    Funny you should say that Constance. Todays blog is all about the dog and pony show the defense has going on right now. Poor poor jism and his instant mental illness. So sad.

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