Commonwealth v. Sullivan
469 Mass. 340
Mass.2014Background
- Defendant Michael Sullivan convicted of first-degree murder and armed robbery for killing Wilfred McGrath (1986) and has sought postconviction relief for years.
- Grace and Petrla were key trial witnesses; Grace testified the defendant kicked and stomped the victim, while Petrla testified Grace alone acted, with conflicting timelines.
- Physical evidence tied Sullivan to the scene through a purple jacket, blood traces, and DNA-like findings that prosecutors used to corroborate Grace.
- In 2011, retesting the purple jacket by State and private labs found cuffs negative for blood and hair DNA inconclusive, and victim DNA not found on cuffs.
- Motion judge granted a new trial based on the newly available testing, concluding the jacket’s physical evidence was a real factor in jurors’ deliberations.
- Court affirms, holding the newly available evidence cast real doubt on the justice of the conviction and that the jacket evidence was pivotal to the jury's assessment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does newly available evidence cast real doubt on the conviction? | Sullivan | Sullivan | Yes; it cast real doubt and warranted a new trial. |
| Is the jacket evidence a central factor in guilt determination? | Commonwealth | Sullivan | Yes; jacket evidence tied defendant to crime and outweighed other proof. |
| Did the motion judge abuse discretion in granting the new trial? | Commonwealth | Sullivan | No; judge properly found real doubt given new testing. |
| What standards apply to new or newly available evidence? | Grace standard governs real doubt | Cintron/Grace framework applies | Standard applied correctly; real doubt analysis proper. |
Key Cases Cited
- Commonwealth v. Cintron, 435 Mass. 509 (Mass. 2001) (standard for new trial based on newly available evidence; real doubt test)
- Commonwealth v. Grace, 397 Mass. 303 (Mass. 1986) (newly available evidence must cast real doubt; centrality to issue matters)
- Commonwealth v. Raymond, 450 Mass. 729 (Mass. 2008) (deference to motion judge; role of trial record in review)
- Commonwealth v. LeFave, 430 Mass. 169 (Mass. 1999) (procedural framework for reviewing new-trial decisions)
- Commonwealth v. Sleeper, 435 Mass. 581 (Mass. 2002) (impeachment value of new evidence; not alone sufficient for new trial)