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Appeals court orders new trial for man convicted in fatal beating at Quincy bar John R. Ellement
Citing two dozen instances where a prosecutor broke legal rules, the Massachusetts Appeals Court on Monday ordered a new trial for Paul Fahey, who was convicted of second-degree murder for beating Keith Boudreau to death inside a Quincy bar in 2015.
A three-judge panel unanimously concluded there was “ample evidence” for the jury to find Fahey guilty for his punching and kicking of Boudreau inside the Home Ice Sports bar on March 23, 2015.
But the court said the prosecutor had broken the rules. “This is not a case where the prosecutor’s missteps were subtle or isolated.. The problems were pervasive, and many were egregious,” Judge James Milkey wrote for the court. “These errors created a substantial risk of a miscarriage of justice and that the defendant is entitled to a new trial.”
The Massachusetts Appeals Court on Wednesday affirmed a state Appellate Tax Board decision reclassifying a vacant lot as a residential property instead of commercial, and granting an abatement to account for the lower tax rate on residential property.