SALEM – The trial of Joseph R. Graciale III, of Lynn, charged with fatally shooting a man in the head in 2008 over a marijuana deal, will begin Monday in Salem Superior Court.Fourteen jurors, including two alternates, will be selected from a jury pool of 149 potential candidates to sit on the expected two-week trial.The potential jurors will be individually quizzed by both the prosecutor and the defense, who will then each have the option, 14 times, to eliminate a potential juror if they feel they do not fit their own ideas about the perfect juror.After the jury is chosen to hear the case, they will be sworn in and will travel to Lynn sometime next week to view the scene of the crime.Assistant District Attorney Gerald P. Shea has listed some 41 witnesses for the state’s case. Defense lawyer Michael Phelan said he expects to call nine witnesses for the defense.Graciale, 30, is charged with first-degree murder in connection with the death of Raphael Andino, of Lynn, on June 8, 2008.Andino, 43, of 9 Surfside Road, was shot in the head at approximately 1 a.m. as he walked through the parking lot on Johnson Street, near the Lynn City Hall lot, with a friend.Investigators believe Graciale had contacted Andino to sell him some marijuana.But when they met to negotiate the deal, an argument erupted into a pushing match and the deal was called off.Later, they agreed to work out the deal and scheduled a meeting, but when Graciale arrived at the lot by car, he got out, walked around to its trunk and apparently fired three or four shots from the back of a car, striking Andino in the head, witnesses have said.Andino was taken to Beth Israel Hospital in Boston where he died from one single bullet that entered and exited his head.Authorities never recovered the gun used in the shooting.Graciale fled and was arrested the following day in Salem.Graciale, who faces a life sentence behind bars with no chance of ever being paroled, has denied committing the murder, according to Phelan.Phelan expects to have an expert testify that the bullet that hit Andino could not have come from the area of the automobile where Graciale apparently was positioned.Shea, who maintains that Graciale planned and carried out the intentional killing with malice, will introduce evidence in which Graciale, while at the jail, made a confession to an inmate, John Close.Close, 28, formerly of Lynn, was shot in 2007, along with his brother Javan, 26, at 526 Western Ave., while trying to recruit gang members to join the “Folks Nation” gang. He currently is in federal custody.Javan, who is in a wheelchair due to a bullet fragment lodged in his spinal cord, pleaded guilty in his participation in 2008 and is now serving six years in state prison.
