"SJC upholds verdict in subway shooting" by John R. Ellement | Globe Staff, May 21, 2013
The state’s highest court upheld Tuesday the first-degree murder convictions of two Boston men for a 2003 shooting on the Orange Line that wounded a pregnant woman and took the life of her unborn son.
In a unanimous ruling, the Supreme Judicial Court ruled against Chimezie Akara and Andre Green, who contended that their joint trial in Suffolk Superior Court was riddled with so many legal errors that the only way to repair the damage would be to grant them new, separate trials.
But writing for the court, Justice Fernande R.V. Duffly said that the evidence against the two men was substantial and that any mistakes made by the judge, the prosecutor, or defense attorneys had only a limited negative impact on the trial.
“The evidence of each defendant’s guilt was strong,’’ she wrote in the ruling. “We affirm the defendants’ convictions.’’
According to the SJC, Akara and Green wanted to shoot a rival, but when they opened fire inside the Orange Line car on Feb. 5, 2003, they hit Hawa Barry in the abdomen instead.
She was taken to a Boston hospital. Her baby was pronounced dead 45 minutes after being born by Cesarean section.
In addition to the murder convictions, both men were found guilty of three counts of armed assault with intent to murder, three counts of assault and battery with a dangerous weapon, and one count each of unlawful possession of a firearm and ammunition.
The SJC let all those convictions stand.
In a statement, Suffolk District Attorney Daniel F. Conley applauded the SJC’s ruling.
“These two men opened fire on a crowded subway train,’’ Conley said. “And who did they hit? A pregnant woman with no stake in their drama. Who did they kill? An infant who lived for less than an hour before succumbing to the injuries they inflicted.
“There can be no second chances for these two men. There can be no excuses for their behavior.”
Both men are serving sentences of life in prison without the possibility of parole.
--more--"
