Goldstein To See State Exhibits Of Entire Case
In an unprecedented ruling, Superior Court Judge Frank J. Donahue has ordered Norfolk County to turn over to the defense practically all its evidence against Peter Makarewicz, 15 - year - old Norwood youth scheduled to go on trial the week of March 7th in the slaying of Geraldine Annese.
The judge directed Dist. Ally Myron N Lane to furnish Defense Atty Louis Goldstein with all the state exhibits, including bloody clothing worn by the victim and allegedly blood-spattered clothes taken from the defendant's room and allow them to be examined by defense experts.
The decision, which also ordered Lane to provide the defense with photographs of the murder scene, will have the effect of preventing the district attorney from producing other "surprise" exhibits at the trial, slated to begin March 7 in Dedham.
Judge Donahue disregarding Lane's objection that "Goldstein wants my entire case," filed at the courthouse last Friday the decision which also gives defense counsel copies of all medical and chemical analyses of clothing worn by both principals.
The judge also directed the state to show whether Geraldine was murdered during the commission of another crime, after Lane publicly stated. ''There was sex involved '
Denied, however, was a defense request for copies of statements purportedly made to police by the shy, gangling youth and a defense demand that the state specify whether it thinks the crime was premeditated and how. The decision was seen by court attaches as one of the most far-reaching ever handed down in Massachusetts during pre-trial legal maneuvering in a murder case. It represented the greatest single victory for Goldstein, who three weeks ago won court approval for a state-paid investigator, over the vehement objections of Lane. Earlier, the Roxbury attorney who steadfastly promised "a fight to the finish" to vindicate his teenage client, obtained a copy of the complete autopsy report from Judge Donahue, setting another precedent in a capital case.
Judge Donahue decreed "it is up to the jury" to decide whether the murder was premeditated. He also disallowed other requests to show the exact time and place of death, explaining these are contained in the indictments.
Goldstein originally argued that the defense, confronted with prosecution clothing exhibits which allegedly contain bloodstains, would have insufficient time during the trial to fully explore the evidence.
The attorney praised Donahue's decision "as one of the most courageous in the history of Massachusetts' jurisprudence which will serve as a future guide for all such cases."
Although declining to divulge defense strategy. Goldstein reportedly will subpoena between 25 and 30 witnesses, including several top experts in medicine and criminology.
Meanwhile. District Attorney Lane's preparing the prosecution on yesterday morning called a score of teenagers to the courthouse for interviews. It is believed several of these will be called upon to testify after the trial gets underway.
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