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Let’s Meet The Players In The Chism Trial

October 21, 2015

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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