Massachusetts man’s murder conviction overturned due to new DNA evidence.

A Massachusetts man convicted in 1993 for a murder that occurred in 1985 has⁣ been⁢ granted a new trial after DNA evidence provided doubt ‌about his guilt.

Thomas Rosa’s Long Road to Justice

Thomas Rosa⁢ was convicted of killing 18-year-old Gwendolyn⁣ Taylor following⁢ three separate trials – one mistrial and ⁢one overturned conviction before a third and final conviction ​in 1993, according to ‍the New England Innocence Project (NEIP). Rosa⁢ spent 34 years in prison before being released ​on October 15, 2020, following a judge’s order‍ that he ⁢be freed while the Massachusetts Superior Court ​considers ⁤his motion for a new trial.

On September 6, Suffolk Superior ‌Court Justice ‍Michael Ricciuti ⁤issued a ruling that vacated Rosa’s original conviction but ⁢left the possibility for ⁢a new trial.

“Under a confluence ‍of evidence analysis, the new DNA evidence and modern ⁣eyewitness science‍ warrant a new trial,” the decision says, according to ​CBS News.

Seeking Justice Once Again

District ⁣Attorney Kevin Hayden’s office told the Boston ⁤Globe that prosecutors ‍are “reviewing ‌the ruling and ‌will announce our decision at a future date.”

“Rosa’s conviction,⁤ the result ​of the three trials ‍and based on evidence that ‘far from overwhelming’ … ​was based on‍ two eyewitness identifications supported​ by blood typing, all⁤ of which has been called into ⁣question,” the decision said. “Because ​such evidence would be​ a real factor within jury deliberations, there was a substantial risk of ​a miscarriage of‍ justice sufficient to grant a new⁣ trial.”

Fighting⁤ for Freedom

Attorneys with⁤ the NEIP and ​Boston College Innocence Project previously argued for ⁣a new trial, to which ⁢Justice Frank Gaziano​ replied ⁣in his⁤ ruling that “the DNA evidence, if correct, in conjunction with the Defendant’s other claims, could well establish that ‘confluence of factors’ that⁣ would indicate that a new trial is required.”

The Suffolk County District Attorney’s Office in 2020‍ helped Rosa get out of prison by filing a petition saying Rosa’s motion for postconviction relief had merit and that he presented no danger to‍ the public. The motion also⁤ stated that Rosa, ⁢now in his 60s, had underlying health conditions that put him at risk if he were to ‍contract COVID during the pandemic.

Seeking Justice Without ⁣Another‍ Trial

On Monday, Rosa’s ⁢attorneys⁤ held a press conference asking the DA’s office to drop the charges rather than put ‍their ⁤client ​through another trial.

“We are hopeful ‍that the District Attorney will now end this nightmare by dismissing all charges against Mr. Rosa,” attorney Radha ⁣Natajaran‌ said in a statement released prior to the news conference. ‌“There ⁢should be no⁤ fourth trial for this innocent man.”

A Challenging Path for Prosecutors

A⁣ new trial would be difficult for ⁣prosecutors ⁤to win, ‌given ‌that evidence from the original crime scene has‌ been allegedly lost, including the weapon used to ‌kill⁤ Taylor.

New DNA testing also showed no traces of ⁤Taylor’s DNA on a jacket taken ⁢from Rosa’s home during the investigation. That jacket⁤ was⁤ used as evidence during his original⁢ trials, with ⁤two eyewitnesses claiming they saw the killer⁤ wearing it.

Original tests⁢ on the jacket found evidence of Taylor’s blood type,‍ but new testing excluded Rosa​ from the pool⁢ of potential DNA matches. Millions of people share similar blood types, so it is​ not⁢ an accurate test to determine someone’s guilt.

“The only remaining evidence was the testimony of two eyewitnesses who viewed the perpetrator at night for less than ten seconds under ⁤circumstances that we⁣ now know, based on numerous‌ exonerations and research,​ create⁢ a high risk of misidentification,” the New England Innocence Project said in its press release before the news conference.⁤ That press release‍ also alleged that an eyewitness against Rosa “described a scenario where the victim and assailant knew each other, but Mr. Rosa and the victim never knew each ⁤other.”