GUILTY MA - Vanessa Marcotte, 27, murdered, Princeton, 7 Aug 2016 #8 *Arrest*

[Rocky1]

Before we go too far, I'm going to copy and paste the above article. The reason is because the Telegram And Gazette will only give you 5 reads a month before you go behind a paywall. This way, we'll have the record.

WORCESTER — DNA evidence authorities say links Angelo Colon-Ortiz to the 2016 murder of Vanessa Marcotte was not improperly collected and can be used against him at trial, a judge ruled Tuesday.

The ruling, issued by Worcester Superior Court Judge Janet Kenton-Walker, paves the way for prosecutors to use vital evidence against Colon-Ortiz, a delivery driver they say murdered Marcotte as she jogged in Princeton, sparking months of fear and international attention.

It was a DNA swab that preceded the arrest of Colon-Ortiz in April 2017, leading to a press conference in front of the Princeton Police Department in which authorities described intrepid policing they said led to the case being solved.

<modsnip: Copyright violation of more than 10%>

 

[Rocky1]

Thank Rock...excellent info as always. I reread the email and it appears someone made a mistake...Is there anything the defense can focus on? Could the DNA evidence be thrown out on any appeal?

The defense claimed the Mass State Police made a mistake because they send the wrong type of Spanish speaking detective to Ortiz's door.
One good thing is as of last June or July, the Mass State Police started wearing body worn cameras. They didn't back in 2017 when Ortiz was arrested. Now all interactions are/should be recorded so there's no more "he said she said." If they had a Worcester cop assist, they were wearing cams back then, so this may have never happened. Anyway...
If you read on in regards to the email I sent you, you'll see why I thought there was a possibility this may have never gone to trial.

No, the defense can not do anything about the DNA being allowed into evidence. The judge has ruled that it can be.
If Ortiz is found guilty, and gets LWOP, that will trigger an automatic appeal with the State Supreme Judicial Court. If they find that mistakes were made regarding matters of law, or facts, then yes, the conviction can be overturned. I wouldn't bank on that happening. The judge wrote an 18 page reason why she's allowing the DNA evidence. This decision was supposed to be made last October, I think it's fair to say she put some thought into this.
It doesn't mean the conviction would be reversed on appeal because the Prosecution may be able to get a conviction without the DNA evidence.

 

[Fred52]

The issue is that his attorneys claim that he didn't understand that he had a right to refuse a DNA swab.

As he wasn't in the system at the time, a refusal may have been the end of it, and this case may have remained unsolved.]


If the DNA was tossed could the police have tracked him and obtained his DNA by testing something he might have touched or thrown away?

 

[joe jones]

The defense claimed the Mass State Police made a mistake because they send the wrong type of Spanish speaking detective to Ortiz's door.
One good thing is as of last June or July, the Mass State Police started wearing body worn cameras. They didn't back in 2017 when Ortiz was arrested. Now all interactions are/should be recorded so there's no more "he said she said." If they had a Worcester cop assist, they were wearing cams back then, so this may have never happened. Anyway...
If you read on in regards to the email I sent you, you'll see why I thought there was a possibility this may have never gone to trial.

No, the defense can not do anything about the DNA being allowed into evidence. The judge has ruled that it can be.
If Ortiz is found guilty, and gets LWOP, that will trigger an automatic appeal with the State Supreme Judicial Court. If they find that mistakes were made regarding matters of law, or facts, then yes, the conviction can be overturned. I wouldn't bank on that happening. The judge wrote an 18 page reason why she's allowing the DNA evidence. This decision was supposed to be made last October, I think it's fair to say she put some thought into this.
It doesn't mean the conviction would be reversed on appeal because the Prosecution may be able to get a conviction without the DNA evidence.

his defence attorney can appeal the motion to deny, so he could ask the court to revisit the issue,

 

[Rocky1]

his defence attorney can appeal the motion to deny, so he could ask the court to revisit the issue,

His defense attorney can apply for "leave to appeal" (permission to appeal) within 30 days, however cannot "appeal" unless that permission is granted by a single justice of the Supreme Judicial Court.
The Commonwealth on the other hand, would have the right to appeal if the suppression of evidence would lead to a dismissal or if a Judge was to discharge a Defendant and would not have to apply for a leave to appeal.

 

[joe jones]

Judge allows critical DNA evidence in case of slain jogger Vanessa Marcotte

judge allows DNA

 

[Sillybilly]

ADMIN NOTE:

Hi everyone,

Tricia is wanting to know if we have members posting in this thread who actually live in Massachusetts?

If so, could you please contact me asap and I'll let her know.

Thanks so much

 

[joe jones]

Home - Vanessa T. Marcotte Foundation

the foundation set up in Vanessa name

 

[MassGuy]

Angelo Colon-Ortiz, man accused of murdering Vanessa Marcotte in Princeton, appeals ruling on DNA that allegedly ties him to crime

WORCESTER — Angelo Colon-Ortiz, the city man accused of murdering Vanessa Marcotte as she jogged in Princeton in 2016, has appealed a judge’s recent pretrial ruling admitting DNA evidence linking him to the crime.

The legal move, which is rarely successful for defendants, was announced in Worcester Superior Court Thursday at a status hearing in the case.

The move, called an interlocutory appeal, will require a single justice of the Supreme Judicial Court to rule on whether the appeal should be heard under court rules.

Such appeals are rarely accepted for defendants because, under the law, they need to meet several tests, including that the issue they believe was wrongly decided would essentially be unreviewable on appeal from a final judgment.

That legal bar is a high one for defendants to clear since, unlike prosecutors, they can appeal the eventual trial verdict, which would trigger a review of the case by a higher court.

 

[Rocky1]

Here's an article I found from last month that details why allowing AO's DNA evidence was questionable, and why the Judge is allowing it to be presented at trial.
Judge rips state police’s consent form used to collect DNA from man accused of killing Vanessa Marcotte

 

[Kittybunny]

Holy cow! I am shocked that this case has not gone to trial yet it's been almost 6 years! I thought this guy would've been locked up with a life sentence a long time ago!

 

[JerseyGirl]

Angelo Colon-Ortiz, man accused of murdering Vanessa Marcotte in Princeton, appeals ruling on DNA that allegedly ties him to crime

Next status date April 7

 

[Fred52]

So no status update from April 7. What could be some reasons that this trial is being delayed so long? We're coming up on 6 years since the murder and 5 years since the arrest. If Colon-Ortiz were innocent the defense would certainly be demanding a speedy trial.

 

[Fred52]

December 8

Judge sets trial date for man accused of murdering Vanessa Marcotte

Worcester Superior Court Judge Janet Kenton-Walker, after conferring with lawyers at a status hearing Thursday morning, set Dec. 8 as the date for jury empanelment, and Dec. 12 for the start of evidence.

www.telegram.com

 

[Rocky1]

December 8

Judge sets trial date for man accused of murdering Vanessa Marcotte

Worcester Superior Court Judge Janet Kenton-Walker, after conferring with lawyers at a status hearing Thursday morning, set Dec. 8 as the date for jury empanelment, and Dec. 12 for the start of evidence.

www.telegram.com

Thank you Fred.
The wheels of justice turn slow, don't they?

 

[Rocky1]

Today marks 6 years since Vanessa Marcotte was murdered on that hot August Sunday afternoon in Princeton Ma.
Jury selection is set for December 8th of this year, where Angelo Colon Ortiz will be tried for her murder, barring any further delays.
RIP Vanessa.

 

[runfar262]

Today marks 6 years since Vanessa Marcotte was murdered on that hot August Sunday afternoon in Princeton Ma.
Jury selection is set for December 8th of this year, where Angelo Colon Ortiz will be tried for her murder, barring any further delays.
RIP Vanessa.

I haven't logged into Websleuths for awhile, but I've followed this case and I am glad that a trial date has been set. After six long years of mourning the loss of their loved one, I truly hope Vanessa Marcotte's family receives justice.

 

[Fred52]

Angelo Colon-Ortiz indicted on new charge in Vanessa Marcotte killing investigation

The man accused of killing Vanessa Marcotte has been indicted in Worcester Superior Court on a new charge in connection with the investigation into the 27-year-old woman’s death, court records show.

www.masslive.com

 

[Rocky1]

Angelo Colon-Ortiz indicted on new charge in Vanessa Marcotte killing investigation

The man accused of killing Vanessa Marcotte has been indicted in Worcester Superior Court on a new charge in connection with the investigation into the 27-year-old woman’s death, court records show.

www.masslive.com

Thank you Fred.
One more felony added to the charges.

 

[Rocky1]

I'm sad to say that Vanessa's father passed away October 16th.
Sad that he never saw justice in the death of his daughter after 6+ years of waiting, and so close to the upcoming trial date set for December.
RIP John.