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Old 5th November 2019, 07:52 AM   #1
wasapi
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Edward O'Brain jr, 15, convicted of murdering friends mother.

https://www.southcoasttoday.com/arti...news/310029911

I had never heard of this case, but it sounds interesting on a few levels. Found guilty of stabbing his friends mother, 98 times, O'Brian is still incarcerated, but it sounds as if issues regarding his possible involvement, as some speculate that it was the friend who killed his own mother.

What's strange is there is so little information online. Most of it being about his family trying to get him released and charges dropped. From the little info I read about the evidence, he sounds as guilty as hell.
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Last edited by wasapi; 5th November 2019 at 07:53 AM. Reason: Tried to change misspelled O'Brien that i spelled O'Brain.
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Old 5th November 2019, 08:15 AM   #2
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When I click on that I get an access denied page.
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Old 5th November 2019, 09:27 AM   #3
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Originally Posted by Rolfe View Post
When I click on that I get an access denied page.
Odd. I tried it again, and it worked right away.
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Old 5th November 2019, 09:40 AM   #4
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I think it's a geographical thing. It said something about my IP. It may be only people in the USA can access it. It may be specifically screening out Europeans.
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Old 5th November 2019, 11:43 AM   #5
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The Politics of Murder

From the link to South Coast Today above, "On the night the Downing, 43, was killed, a cut and bleeding O’Brien phoned police from a nearby convenience store and reported that he’d been mugged. Investigators found that blood on his leg matched Downing’s, and his blood was found throughout the murder scene, witnesses testified during the 2?-week trial."

The case of Edward O'Brien is discussed at The Somerville Times.
"The DNA on what the prosecutor alleged to be the murder weapon was identifiable, and it was not Eddie’s. The prosecutor chose not to identify the DNA under Janet Downing’s fingernails, as well as other DNA and fingerprints found at the scene."

"Nor did they [the police] interview Viginia Reckley, who lived in the apartment that shared a wall with the Downings. Reckley had heard a commotion in the Downings’ residence at a point during the short time window when the murder could have taken place, but when witnesses established that Eddie was elsewhere. Nor did police interview Artie Ortiz."

I know very little about this crime at present, but offhand it does not sound as open-and-shut as it did at the first link. The book The Politics of Murder covers some of the problems in this case.
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Old 6th November 2019, 08:25 AM   #6
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Originally Posted by Rolfe View Post
It may be specifically screening out Europeans.
I've seen this occur with other sites. In those cases it was because they didn't bother conforming to GDPR.
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Old 8th November 2019, 05:33 AM   #7
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a puzzling case

“You don’t need to be a forensic expert to understand that it’s impossible to commit that homicide, a homicide that included a struggle traversing three rooms and a flight of stairs, and not get a single drop of blood on a white shirt, green shorts, or black sneakers. And yet the police charged Eddie O’Brien with the murder on the night of July 25, 1995. The fact that he had no blood on his clothes, in the creases of his hands, under his fingernails, or on his size 15 sneakers was just an inconvenient truth.” – THE POLITICS OF MURDER link

"Edward was linked to the crime by a bloody fingerprint found on a beam in the cellar of Ms. Downing’s home, said District Attorney Thomas Reilly." Link to AP story.
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Old 13th November 2019, 09:43 PM   #8
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http://masslawyersweekly.com/wp-file...efs/obrien.htm

Guilty.
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Old Yesterday, 05:12 AM   #9
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Artie Ortiz

From the link directly above:

"1. The trial judge correctly precluded Virginia Mahoney from testifying to certain statements of Janet Downing, in which Janet allegedly expressed fear of her brother-in-law, Artie Ortiz. Such testimony is hearsay and it falls under no exception to the hearsay rule. The defendant's reliance on the "third party culprit" rule is misplaced. In order to admit evidence that another person may have committed the crime, the defendant must first establish that the evidence is relevant. Its relevancy is a matter left to the discretion of the judge. Here, Janet Downing's purported expressions of fear of Artie Ortiz had no tendency to prove that Artie Ortiz was the murderer. ...

2. The trial judge correctly exercised his discretion in admitting into evidence the front page of a one month-old Boston Herald newspaper bearing the headline, "We're Natural Born Killers," which was found in the defendant's bedroom. The accompanying news story was about two young men arrested for killing an elderly Avon man by stabbing him twenty-seven times. The judge twice instructed the jury that this evidence was admitted for the limited purpose of establishing the defendant's state of mind. This evidence was further neutralized when the defendant introduced into evidence the entire newspaper in order to suggest that the real reason he saved it was an announcement for a sports trading card show appearing in the sports section. ..."

The apposition of these two paragraphs from the "summary of the argument" section is interesting.
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Old Yesterday, 10:55 PM   #10
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Originally Posted by Chris_Halkides View Post
From the link directly above:

"1. The trial judge correctly precluded Virginia Mahoney from testifying to certain statements of Janet Downing, in which Janet allegedly expressed fear of her brother-in-law, Artie Ortiz. Such testimony is hearsay and it falls under no exception to the hearsay rule. The defendant's reliance on the "third party culprit" rule is misplaced. In order to admit evidence that another person may have committed the crime, the defendant must first establish that the evidence is relevant. Its relevancy is a matter left to the discretion of the judge. Here, Janet Downing's purported expressions of fear of Artie Ortiz had no tendency to prove that Artie Ortiz was the murderer. ...
Correct.


Quote:
2. The trial judge correctly exercised his discretion in admitting into evidence the front page of a one month-old Boston Herald newspaper bearing the headline, "We're Natural Born Killers," which was found in the defendant's bedroom. The accompanying news story was about two young men arrested for killing an elderly Avon man by stabbing him twenty-seven times. The judge twice instructed the jury that this evidence was admitted for the limited purpose of establishing the defendant's state of mind. This evidence was further neutralized when the defendant introduced into evidence the entire newspaper in order to suggest that the real reason he saved it was an announcement for a sports trading card show appearing in the sports section. ..."
Correct.


Quote:
The apposition of these two paragraphs from the "summary of the argument" section is interesting.
In what way?
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Old Today, 05:04 AM   #11
Chris_Halkides
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alternate suspect

Originally Posted by Roger Ramjets View Post
In what way?
What a judge allows or disallows into a courtroom can have a significant impact on the outcome of a trial. For example in the West Memphis Three case the judge did not allow a nationally recognized expert on false confessions to testify for the defense, but he did allow someone who took a correspondence course on the occult to testify for the prosecution. Most now see this case as a miscarriage of justice. As I have implied in at least one other recent thread within this sub-forum, my impression of appeals courts is that they value finality over getting things right. The present case does not offer me any reason to reconsider. The newspaper was more prejudicial than probative, the prosecution's reason for wanting to include it was risible.

Even more significant is that Mr. Ortiz was at least as reasonable suspect as O'Brien was, probably more so. For example, "On the day of the murder, Janet expressed her fears about Ortiz and begged Gina to ensure that the police would “investigate, investigate, investigate” if she were killed. Gina, who was stalked by Ortiz after the murder, repeatedly tried to present her evidence to police." The author of this story, William Shelton, presents other evidence that should have led police to consider Mr. Ortiz a person of interest.
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Old Today, 08:17 AM   #12
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The key to the case?

Roger Ramjets and others,

Why were Mr. Ortiz's keys found in the yard the next day?
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