SALEM – The defense attorney for Joseph R. Graciale, III, charged with the shooting death of a Lynn man in 2008, has been allowed access to the Middleton Jail segregation unit for the purpose of photographing the common area and cells.Salem Superior Court Judge John T. Lu allowed a motion filed by defense Attorney Michael T. Phelan to access the segregation unit where Graciale was held when he made a jailhouse confession to another inmate.Assistant District Attorney Gerald P. Shea reported to Lu on Wednesday that the jail will comply with the defense’s request.In addition to photographing the segregation unit, the defense will also have access to a list of all inmates housed in the unit at the same time Graciale was there, as well as the names of corrections officers assigned to the unit from June 10, 2008 to July 2, 2008; July 23, 2008 to Aug. 21, 2008 and Oct. 25, 2008 to Nov. 22, 2008.Phelan is expected to introduce the photographs as evidence to Graciale’s November trial.Graciale apparently told John L.Close, III, 28, of Lynn, in June 2008 that he committed the murder, while they both were in the segregation unit at the Middleton Jail.Judge Howard J. Whitehead allowed the jailhouse confession to be presented at trial by the state following several preliminary trial hearings held in late June.Phelan was trying to squash the confession and testimony of Close, arguing that he was a government agent and his sole purpose was to reduce his sentence.Whitehead did rule in favor of the defense concerning statements Graciale made to Close in a second conversation in July 2008.Although the two were in segregation units, they apparently spoke through their “trap door” to each other.Graciale, 29, is charged with first-degree murder in connection with the death of Raphael Andino of Lynn.Andino, 43, of 9 Surfside Road, was fatally shot in the head June 8, 2008 in a parking lot on Johnson Street.Authorities believe Graciale had contacted Andino earlier that day to sell him some marijuana.But when they met, they argued, pushed each other and the deal went sour.Later, they worked out the deal and agreed to meet, but when Graciale arrived, he apparently fired three or four shots, striking Andino in the head, witnesses said.Andino was taken to Beth Israel Hospital in Boston where he died.Graciale took off from the scene and was arrested the following day in Salem.Shea maintains that Graciale planned the killing and carried the act out with malice.Graciale maintains he is innocent.The case is scheduled for trial in November.In the meantime, Graciale remains held at the Middleton Jail without bail.A conviction on the first-degree murder charge carries a life sentence in state prison, with no chance of parole.
