GUILTY MA - Colleen Ritzer, 24, brutally murdered, Danvers, 22 Oct 2013 #2

[Chelly]

Thanks jacct for posting the reporting of this trial. It is important to bear witness. Your efforts are appreciated. I am trying to catch as much as possible on live stream

 

[AmyPond]

I am glad they are keeping the rape charges. Thank God!

The defense is kind of ridiculous today, in my opinion. So the kid had a relative with a mental health problem? That's probably really common.

Also common - a teenager who is rude to his mom, stays up late, doesn't have a good routine. Pretty much describes MOST teens.

 

[jacct]

allison manningVerified account ‏@allymanning 54s55 seconds ago
Lebel is done. Next witness: Kara Behen, Danvers High student. She was in #PhilipChism's math class.

Victoria WarrenVerified account ‏@vwarrenon7 55s56 seconds ago
This student was in Colleen Ritzer's math class with #PhilipChism. She welcomed him as a new student.

Bob Ward Fox25Verified account ‏@Bward3 51s51 seconds ago
Behen: Didn't speak to #PhilipChism very much. Did group work with him once. He was like any other kid

Bob Ward Fox25Verified account ‏@Bward3 49s50 seconds ago
Behen: In days before murder, #PhilipChism listened to music on earbuds, he drew, didn't talk to anyone.

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
In days before Colleen Ritzer died, girl says #PhilipChism became withdrawn, spent time drawing and listening to music with ear buds.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
#PhilipChism made a little eye contact with her at beginning of year: but later stopped

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Day of murder Behen: I didn't notice him, it was last class of the day.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Cross now of Behen

Ethan Hartley ‏@Ehartley_DH_BC 48s48 seconds ago Salem, MA
Behen said students are allowed to have one earbud in during independent work, so seeing #PhilipChism with one in during class wasn't odd.

Rupa Shenoy ‏@RupaShenoy 52s52 seconds ago
Prosecution questions to Behan show she didn't know #PhilipChism long, didn't see him outside of math class. Behan dismissed.

 

[jacct]

Bob Ward Fox25Verified account ‏@Bward3 49s50 seconds ago
Next witness is Ryan McGinnis. DHS student.

Ethan Hartley ‏@Ehartley_DH_BC 1m1 minute ago Salem, MA
Ryan McGinnis, another Danvers student takes the stand. He was a sophomore in 2013 when he met #PhilipChism during soccer tryouts

allison manningVerified account ‏@allymanning 59s60 seconds ago
#PhilipChism was a typical new kid. He started to loosen up after awhile, became more comfortable with the team.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Ryan didn't know #PhilipChism well. "A regular, normal kid," he says. In early days on team he would be excited. Very subtly that changed.

Laura Crimaldi ‏@lauracrimaldi 55s55 seconds ago
Boy says he noticed change in #PhilipChism before Colleen Ritzer died. "I didn’t really see him celebrating too much after his goals."

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Coach said something to #PhilipChism and he just turned away, boy says

Laura Crimaldi ‏@lauracrimaldi 56s56 seconds ago
Boy's testimony finishes with no cross examination. Next witness is a female minor.

 

[jacct]

Victoria WarrenVerified account ‏@vwarrenon7 2m2 minutes ago
Next witness: Alexandra Starling. Danvers High student.

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Knew #PhilipChism from English, history and math classes

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Starling: He was friendly. Ate lunch with him

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
Girl says #PhilipChism was "very outgoing" at first. "He just became quiet."

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
"He was very quiet: he was withdrawn. He would doodle. He would not pay attention," she says

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Starling: Was in Ritzer last math class. He was quiet. Ms Ritzer wanted him to stay after. I don't know why.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Cross now of Starling

Laura Crimaldi ‏@lauracrimaldi 1m1 minute ago
Girl says Colleen Ritzer complimented #PhilipChism's drawing, but said she wanted him to do math.

Girl said she was sitting on the other side of the room but still overheard Ritzer ask him to stay after class.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Starling: I think she (Ritzer) asked (Chism to stay after) a little loud.DA: Was she angry?Starling: No she was nice.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
DA: You don't know how #PhilipChism was doing in math? Starling no.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Cross of Starling is done.We are taking AM recess now.

allison manningVerified account ‏@allymanning 1m1 minute ago
Starling gets off the stand after a short cross. #PhilipChism Defense has brought 8 witnesses in less than 2 hours.

Julie Manganis ‏@SNJulieManganis 47s48 seconds ago
The defense has run out of witnesses for the day.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Lowy says we are ahead of schedule for today. Jury being excused soon. Tomorrow they are viewing Danvers High and woods

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Lowy: in my 18 years, you might be the best dressed jury I've seen. But tomorrow be casual. Weather wont be great.

allison manningVerified account ‏@allymanning 1m1 minute ago
School at Danvers High is being let out early tomorrow, so the view will have to be then, despite any bad weather.

Jill Harmacinski ‏@EagleTribJill 54s55 seconds ago
Attorneys go to sidebar

 

[jacct]

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Lowy telling #PhilipChism jury they may get case on 12/10. Next Thursday.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Jurors will deliberate from 9-4pm daily

allison manningVerified account ‏@allymanning 1m1 minute ago
Jury is excused until 9am tomorrow morning.

allison manningVerified account ‏@allymanning 39s40 seconds ago
We're still in session discussing some motions.

Bob Ward Fox25Verified account ‏@Bward3 50s51 seconds ago
We are still in session. Jury gone. Attorneys talking about defense mental health experts and scheduling.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
DA wants to talk about media restrictions during jury view of DHS tomorrow.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
We are in recess until 11:45. Motions then.

 

[AnaTeresa]

I am glad they are keeping the rape charges. Thank God!

The defense is kind of ridiculous today, in my opinion. So the kid had a relative with a mental health problem? That's probably really common.

Also common - a teenager who is rude to his mom, stays up late, doesn't have a good routine. Pretty much describes MOST teens.

It's an interesting tactic. Personally, I find that a long parade of people talking about what a good person the defendant is does not work very well. A testimony or two, perhaps - but none of these people are helping advance the defense argument about Chism's mental state. I was taught that a defense case is won on cross examination, and the defense witnesses should be brief. That gives the jury less to be turned off by, and the focus to remain on the reasonable doubt arguments you brought up on cross. A parade of witnesses isn't going to be perceived well by the jury, in most cases. :twocents:

 

[jacct]

I'm not sure what the defense accomplished with the testimony today. In their opening they said that Chism had mental health issues since he was 10 yo. but none of the witnesses that knew him then testified to any mental health issues. The only mention were the students saying the week of the murder Chism was more quiet than normal. That could point to him premeditating the murder more than a sudden mental health issue.

Just before the break there was a mention of a Dr. Gur basing finding on another Dr. report which is in dispute. They are going to discuss after this break. I am wondering if this is the same Dr. Gur that testified in the James Holmes case.

 

[jacct]

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
We are back in session in #PhilipChism trial. Jury sent home. No more testimony. But motions now

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Denise Regan just said #PhilipChism is waiving his appearance for this hearing. Judge is swearing Chism in now.

Laura Crimaldi ‏@lauracrimaldi 1m1 minute ago
Judge Lowy begins to question #PhilipChism.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: Have you had prescription med?Chism: yesLowy: you have a clear mind?Chism yes.

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
Lowy: "You have a right to be present during the entire trial." #PhilipChism says he understands this and still wants to waive his presence

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
#PhilipChism wants to be transported back to where he's being held. Lowy is allowing it

 

[jacct]

Trial Day 8 - Part 1

[video=youtube;Fvbgp8v1Ouw]https://www.youtube.com/watch?v=Fvbgp8v1Ouw[/video]

 

[jacct]

Trial Day 8 - Part 2

[video=youtube;NXBo5otftW4]https://www.youtube.com/watch?v=NXBo5otftW4[/video]

 

[jacct]

None of the livestreams are up right now.

Laura Crimaldi ‏@lauracrimaldi 4m4 minutes ago Prosecution now takes up the issue of tomorrow's view with jurors.

Bob Ward Fox25Verified account ‏@Bward3 4m4 minutes ago
On view: DA seeking to keep cameras away from scene.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Both ADA and defense join in motion - they don't want media on view tomorrow. Lowy makes no decision

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy said he'll make decision soon as to whether camera can be present at jury view at DHS tomorrow.

allison manningVerified account ‏@allymanning 45s45 seconds ago
Now, onto the motions. Both sides are trying to exclude testimony from various doctors.

 

[jacct]

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Prosecutor is concerned defense wants to "pick and choose" the information from #PhilipChism evaluations.

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Defense attorney says she wants to call a doctor who diagnosed #PhilipChism with a "brief psychotic disorder"

allison manningVerified account ‏@allymanning 1m1 minute ago
The defense mentioned this diagnosis in their opening statement.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Regan: We are not saying this is the whole she-bang. It's a brick. But its an important brick in the defense.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Lowy: When did Dr. Jackson diagnose #PhilipChism w/ psychotic disorder?Regan: It was during the 15 days he was committed.

Christina Hager ‏@HagerWBZ 51s52 seconds ago
Defense attorney is asking to bring a doctor to testify, who treated #PhilipChism during the psych eval that delayed his trial for 3 weeks.

Bob Ward Fox25Verified account ‏@Bward3 58s59 seconds ago
Lowy: There's a relevance issue to state of mind in 10/2013. Does mental state in 2015 relate to criminal resp in 2013?

Jill Harmacinski ‏@EagleTribJill 41s42 seconds ago
Regan said she hasn't hidden this doctor at all. He's been on her witness list. ADA says doc went on list after opening

Laura Crimaldi ‏@lauracrimaldi 1m1 minute ago
Prosecution says it did not learn that defense planned to call this doctor until after opening statements were delivered.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: you can't cherry pick diagnosis. If one is in, they are all in.

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
Lowy says if defense wants to introduce evidence from #PhilipChism's competency examination, the prosecution can use that material too.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: Recent 15B mental health evaluation of #PhilipChism was exhaustive: 67 pages.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Lowy says you can't just take one string from psych reports and not the others

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
#PhilipChism is entitled to a fair trial and Commonwealth is entitled to a fair trial

 

[jacct]

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
ADA says in openings defense says #PhilipChism was diagnosed with psychosis. But they did not say it was triggered by trial stress

Laura Crimaldi ‏@lauracrimaldi 1m1 minute ago
Prosecution says #PhilipChism's most recent diagnosis of a psychotic disorder was triggered by stress of trial. "That’s a different animal"

Bob Ward Fox25Verified account ‏@Bward3 58s59 seconds ago
Regan: #PhilipChism was committed for 20 days. Dr.Jackson treated him, gave him meds.

Laura Crimaldi ‏@lauracrimaldi 1m1 minute ago
Defense: Dr. Jackson treated #PhilipChism at Worcester Recover Center, but did not participate in competency exam of the defendant

allison manningVerified account ‏@allymanning 39s40 seconds ago
Defense argues that competency exam prosecution wants to use, #PhilipChism wasn't given proper legal warnings.

 

[gxm]

I thought PC was being tried as an adult. Did this change?

Judge: Mass. teen to be tried as adult in teacher death
http://www.cbsnews.com/news/judge-massachusetts-teen-to-be-tried-as-adult-in-teacher-death/

 

[jacct]

Julie Manganis ‏@SNJulieManganis 49s49 seconds ago
Judge says the information from 2015 is relevant - but it would be "absurd" to say only the defense can use it.

Ethan Hartley ‏@Ehartley_DH_BC 1m1 minute ago Salem, MA
Lowy rules that defense's expert may rely on statement claiming #PhilipChism had psychosis but prosecution may cross examine as to the cause

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Regan admits that her disclosure of the witness was late. Blames email.

Julie Manganis ‏@SNJulieManganis 3m3 minutes ago
Defense must now decide if it's worth the risk of jurors hearing about other aspects of the 2015 evaluation.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
Then defense also has filed a motion seeking to bar use of a statement that calls #PhilipChism "manipulative."

allison manningVerified account ‏@allymanning 58s59 seconds ago
Defense also wants to bar statements from a hospital worker who called #PhilipChism "manipulative." Defense says these are opinions.

allison manningVerified account ‏@allymanning 41s42 seconds ago
The worker also said that #PhilipChism's statements at intake at Worcester State Hosp. were "textbook" as if he was "coached what to say."

Julie Manganis ‏@SNJulieManganis 45s46 seconds ago
The Worcester staff worker wouldn't testify but defense is afraid prosecutor might ask defense expert about the opinions.

allison manningVerified account ‏@allymanning 2m2 minutes ago
ADA asks for time to respond. So judge will hold on that issue.

allison manningVerified account ‏@allymanning 1m1 minute ago
They're going to walk the route #PhilipChism walked in Danvers High School, during the view tomorrow. Takes about an hour, ADA says.

allison manningVerified account ‏@allymanning 50s51 seconds ago
Going to BJs, movie theater, up Rt. 1. All the places #PhilipChism went. Expected to go til around 4p.

 

[jacct]

Laura Crimaldi ‏@lauracrimaldi 1m1 minute ago
Looking to scheduling the view, prosecution has hungry jurors on her mind. "I'm frankly concerned about feeding the jury."

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Attorneys going to sidebar after agreeing there are no more issues to discuss in open court

 

[jacct]

I thought PC was being tried as an adult. Did this change?

Judge: Mass. teen to be tried as adult in teacher death
http://www.cbsnews.com/news/judge-massachusetts-teen-to-be-tried-as-adult-in-teacher-death/

My understanding is that he is being tried as an adult but there are new sentencing laws for juveniles, even if tried as an adult. IANAL though, we need AnaTeresa to weight in.

 

[jacct]

Jill Harmacinski ‏@EagleTribJill 3m3 minutes ago
#PhilipChism trial in recess until 9 am. I'll be back then with updates

 

[AnaTeresa]

My understanding is that he is being tried as an adult but there are new sentencing laws for juveniles, even if tried as an adult. IANAL though, we need AnaTeresa to weight in.

That's how I understood it as well. Bearing in mind I have no experience with Massachusetts law, I did a quick google to confirm the changes following the Supreme Court decision in Miller v. Alabama. As I understand it, under Massachusetts law, juveniles fourteen or older who commit murder are tried as an adult. The Supreme Court held in Miller that automatically sentencing a juvenile to life in prison without the possibility of parole violated the Eighth Amendment’s ban on cruel and unusual punishment. Here is a link to the Supreme Court decision. http://www.supremecourt.gov/opinions/11pdf/10-9646g2i8.pdf

After Miller, The Supreme Judicial Court of Massachusetts (its highest state court) ruled in 2013 that sentencing juveniles convicted of murder to life in prison without parole is unconstitutional. http://www.wbur.org/2013/12/24/court-rules-life-without-parol-juveniles-unconstitutional

Following these two decisions, the Massachusetts legislature changed the law so that juveniles found guilty of first degree murder cannot be sentenced without parole. However, as I understand it, it is twenty to thirty years for a juvenile defendant convicted of first degree murder to see the parole board, and even then, there is no guarantee of parole.

Here's an article about the changes to the law:
http://www.wbur.org/2015/06/15/massachusetts-law-juvenile-murder

Here is an article from when the law was signed into being, which details the three tier system that was set up.
http://www.wbur.org/2014/07/25/patrick-parole-juvenile-murderers