Reconstruction Expert On MA Patrolman Case

Massachusetts patrolman Stuart Merry will ask the State Supreme Court to rule that he not be retried on vehicular homicide charges and that his case be dismissed.  Merry was convicted in March 2008 in the death of Bonney Burns, 61, who was sitting in her parked car on Jan. 20, 2007 when Merry's cruiser crashed into her at more than 50 miles per hour. 

A Peabody District Court judge later set aside the verdict and granted Merry a new trial due to new evidence.  The prosecutor used a statement from a state police reconstruction expert concerning a crack in the windshield as evidence during his closing argument.  Merry’s lawyers argue that the evidence had not been discussed during the trial and that prosecutors intentionally withheld the statement.

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