SALEM – The retrial of Arcangel “Angel” Morales, whose second-degree murder conviction was overturned by the appeals court last fall, began Tuesday in Salem Superior Court.After the 14-person jury was selected to sit on the expected four-day trial they traveled to Lynn to view the murder scene.Morales, 48, originally went on trial in March 2004 for the premeditated first-degree stabbing death of 43-year-old Michael Carey.He was found guilty by a jury of a lesser offense, second-degree murder, and innocent of a second charge of assault and battery with a dangerous weapon concerning an incident earlier with a female involving a beer bottle.Morales received the mandatory punishment of life in prison, but would be eligible for parole after serving 15 years under a second-degree murder conviction.His case was appealed and overturned by the higher court last October because the presiding trial judge erred in his jury instructions. The appeals board ordered that the case be retried, but because he was initially convicted of the lesser charge, second-degree murder, he is being retried on that charge.Assistant District Attorney James P. Gubitose maintains Morales stabbed Carey to death on Sept. 26, 2002 following an altercation behind a building next to State Street Liquors in Lynn.Carey, a painter by trade, was stabbed three times in the abdomen during a confrontation with Morales.Jeffrey T. Karp is Morales’ defense lawyer.Judge Howard J. Whitehead is presiding over the jury trial.
