The Politics of Murder: The Power and Ambition Behind "The Altar Boy Murder Case"

On a hot night in July 1995, Janet Downing, a 42-year-old mother of four, was brutally stabbed 98 times in her home in Somerville, a city two miles northwest of Boston. Within hours, a suspect was identified: 15-year-old Eddie O'Brien, the best friend of one of Janet's sons.

But why Eddie? He had no prior history of criminal behavior. He was not mentally ill. He had neither motive nor opportunity to commit the crime. Others had both. Yet none of that mattered because powers far beyond his Somerville neighborhood decided that Eddie needed to be guilty.

As laid out in THE POLITICS OF MURDER, the timing of this case did not bode well for Eddie. A movement hoping to stop the supposed rise of young "superpredators" was sweeping the nation, and juvenile offenders were the targets. Both the Massachusetts governor and an elected district attorney who personally litigated this case supported juvenile justice reform, and both aspired to higher offices.

Eddie O'Brien's case garnered both local and national publicity: He was the youthful Irish Catholic "boy next door." His grandfather was the retired chief of the Somerville Police Department. Court TV covered the trial in adult court gavel to gavel, calling it "the altar boy murder case." His highly publicized case changed the juvenile laws in Massachusetts. Other states began to follow suit. But did the justice system fail Eddie?

That's the contention of author-attorney Margo Nash in her explosive expose, THE POLITICS OF MURDER. Appointed Eddie's guardian ad litem, Nash attended every court session and eventually gained access to all his files. Now after painstaking research and examination of each step of the investigation, trial transcripts and the forensic evidence, Nash makes the case that Eddie could not have committed the crime and that other viable suspects were never properly considered.

The Innocence Program has recently taken on Eddie's case. Now readers can decide if politics sent an innocent boy to adult prison for the rest of his life.

1125133196
The Politics of Murder: The Power and Ambition Behind "The Altar Boy Murder Case"

On a hot night in July 1995, Janet Downing, a 42-year-old mother of four, was brutally stabbed 98 times in her home in Somerville, a city two miles northwest of Boston. Within hours, a suspect was identified: 15-year-old Eddie O'Brien, the best friend of one of Janet's sons.

But why Eddie? He had no prior history of criminal behavior. He was not mentally ill. He had neither motive nor opportunity to commit the crime. Others had both. Yet none of that mattered because powers far beyond his Somerville neighborhood decided that Eddie needed to be guilty.

As laid out in THE POLITICS OF MURDER, the timing of this case did not bode well for Eddie. A movement hoping to stop the supposed rise of young "superpredators" was sweeping the nation, and juvenile offenders were the targets. Both the Massachusetts governor and an elected district attorney who personally litigated this case supported juvenile justice reform, and both aspired to higher offices.

Eddie O'Brien's case garnered both local and national publicity: He was the youthful Irish Catholic "boy next door." His grandfather was the retired chief of the Somerville Police Department. Court TV covered the trial in adult court gavel to gavel, calling it "the altar boy murder case." His highly publicized case changed the juvenile laws in Massachusetts. Other states began to follow suit. But did the justice system fail Eddie?

That's the contention of author-attorney Margo Nash in her explosive expose, THE POLITICS OF MURDER. Appointed Eddie's guardian ad litem, Nash attended every court session and eventually gained access to all his files. Now after painstaking research and examination of each step of the investigation, trial transcripts and the forensic evidence, Nash makes the case that Eddie could not have committed the crime and that other viable suspects were never properly considered.

The Innocence Program has recently taken on Eddie's case. Now readers can decide if politics sent an innocent boy to adult prison for the rest of his life.

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The Politics of Murder: The Power and Ambition Behind

The Politics of Murder: The Power and Ambition Behind "The Altar Boy Murder Case"

by Margo Nash
The Politics of Murder: The Power and Ambition Behind

The Politics of Murder: The Power and Ambition Behind "The Altar Boy Murder Case"

by Margo Nash

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Overview

On a hot night in July 1995, Janet Downing, a 42-year-old mother of four, was brutally stabbed 98 times in her home in Somerville, a city two miles northwest of Boston. Within hours, a suspect was identified: 15-year-old Eddie O'Brien, the best friend of one of Janet's sons.

But why Eddie? He had no prior history of criminal behavior. He was not mentally ill. He had neither motive nor opportunity to commit the crime. Others had both. Yet none of that mattered because powers far beyond his Somerville neighborhood decided that Eddie needed to be guilty.

As laid out in THE POLITICS OF MURDER, the timing of this case did not bode well for Eddie. A movement hoping to stop the supposed rise of young "superpredators" was sweeping the nation, and juvenile offenders were the targets. Both the Massachusetts governor and an elected district attorney who personally litigated this case supported juvenile justice reform, and both aspired to higher offices.

Eddie O'Brien's case garnered both local and national publicity: He was the youthful Irish Catholic "boy next door." His grandfather was the retired chief of the Somerville Police Department. Court TV covered the trial in adult court gavel to gavel, calling it "the altar boy murder case." His highly publicized case changed the juvenile laws in Massachusetts. Other states began to follow suit. But did the justice system fail Eddie?

That's the contention of author-attorney Margo Nash in her explosive expose, THE POLITICS OF MURDER. Appointed Eddie's guardian ad litem, Nash attended every court session and eventually gained access to all his files. Now after painstaking research and examination of each step of the investigation, trial transcripts and the forensic evidence, Nash makes the case that Eddie could not have committed the crime and that other viable suspects were never properly considered.

The Innocence Program has recently taken on Eddie's case. Now readers can decide if politics sent an innocent boy to adult prison for the rest of his life.


Product Details

ISBN-13: 9781942266778
Publisher: Wildblue Press
Publication date: 11/22/2016
Pages: 348
Product dimensions: 8.80(w) x 5.50(h) x 1.00(d)

About the Author

After working for Department of Social Services (DSS) for five years I opened a private practice specializing in juvenile law and parents' rights. I also acted as a bar advocate (something like a part-time public defender); the monetary rewards were minimal, but it gave me the opportunity to provide a public service. I was in court on other business the day Eddie O'Brian was arraigned. To me he looked just like a scared little boy standing in an adult court. I knew about the case because of all the press coverage. Eddie, a former altar boy and grandson of a retired police chief, had been accused of murdering Janet Downing, his friend's mother, by brutally stabbing her more than 97 times. "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 Eddie's father had been named as a witness for the Commonwealth and Eddie's first lawyers felt that he would benefit from having a guardian-ad-litem, someone who would look after Eddie's interests. They asked the presiding judge to appoint me to the case. This was a high-profile trial and I had no experience with murder cases. Nevertheless, it was an opportunity to be an advocate for a 15-year-old kid who seemed totally overwhelmed. I agreed because I wanted to help Eddie in any way I could. Eddie was tried and convicted by the press the first week and was later convicted again by a jury in a perfect storm of professional ineffectiveness, political ambition, and public panic. This horrific miscarriage of justice did not fully come to light until Eddie and I recently had the opportunity to review boxes and boxes of court transcripts and legal files from his case. "In 2015, Eddie and I spent a lot of time talking, reading old transcripts, and putting the pieces of a fractured puzzle together. I cringe about having completely missed the big picture so many years ago. To be fair, the big picture took years to develop and emerge into a legible image. When these events were actually going on, I was focused on far more immediate issues: his detention, the integrity of the police investigation, his transfer hearings, the appeals, the removal of a judge, and the central question: who really murdered Janet Downing? Today I finally understand what actually happened to Eddie O'Brien and why he has spent more than half of his life behind bars." - THE POLITICS OF MURDER In writing this book I want people to learn the real story of the Eddie O'Brien case, told here for the first time. Eddie is the innocent victim of a broken and sometimes corrupt system. Janet Downing's true murderer was never charged, and may still be at large.

Table of Contents

CONTENTS
ACKNOWLEDGEMENTS 1
PROLOGUE 7
CHAPTER 1 15
Just Another Sunday

CHAPTER 2 19
Janet Downing

CHAPTER 3 26
Virginia Reckley

CHAPTER 4 30
Gina Mahoney

CHAPTER 5 35
Eddie O'Brien

CHAPTER 6 44
Artie Ortiz

CHAPTER 7 49
Changes in the Juvenile Law

CHAPTER 8 57
The First Transfer Hearing

CHAPTER 9 68
What the Commonwealth Knew

CHAPTER 10 72
The Decision

CHAPTER 11 79
The Supreme Judicial Court Decision

CHAPTER 12 85
The Second Transfer Hearing

CHAPTER 13 93
Paul Downing Jr.

CHAPTER 14 103
The Search

CHAPTER 15 107
The Knife Hilt

CHAPTER 16 112
Pretrial Summer of 1997

CHAPTER 17 120
Jury Impanelment

CHAPTER 18 124
The Rules of the Game

CHAPTER 19 126
Opening Statements

CHAPTER 20 133
The Testimony Begins

CHAPTER 21 139
The Crime Scene

CHAPTER 22 148
Day of Disasters

CHAPTER 23 157
FUBAR

CHAPTER 24 162
Eddie O'Brien's Friends

CHAPTER 25 176
Day Six, Continued

CHAPTER 26 184
Lobby Conference Rulings

CHAPTER 27 186
More Friends

CHAPTER 28 195
The Science of Fingerprints

CHAPTER 29 202
Chemistry by Pino

CHAPTER 30 212
Lessons in Forensics

CHAPTER 31 220
Thicker Than Blood

CHAPTER 32 228
DNA - The Cart Before the Horse

CHAPTER 33 234
All Will Not Be Revealed

CHAPTER 34 237
Medical Examiner and Autopsy

CHAPTER 35 242
Defense or No Defense

CHAPTER 36 254
The Boston Street Neighbors

CHAPTER 37 264
The Defense Expert

CHAPTER 38 278
A Lick and a Prayer

CHAPTER 39 285
Bob George: Closing Argument

CHAPTER 40 300
Tom Reilly: Closing Argument

CHAPTER 41 311
Jury Instructions

CHAPTER 42 315
The Verdict

CHAPTER 43 319
Aftermath

APPENDIX A 328
State Police Crime Laboratory Update

APPENDIX B 331
Robert Pino Update

APPENDIX C 333
Robert George Update

APPENDIX D 335
Thomas F. Reilly Update

APPENDIX E 336
William Weld Update
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