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This article was published 13 year(s) and 7 month(s) ago

Judge denies defense bid to suppress evidence in 2010 Lynn murder trial

Karen A. Kapsourakis

September 21, 2011 by Karen A. Kapsourakis

SALEM – A Superior Court judge has rejected a defense motion to suppress evidence from the upcoming trial of Daryll Jones, the Lynn teenager charged in connection with the fatal stabbing of a man at Gallagher Park in 2010 over what authorities believe to have been a drug transaction.Judge David A. Lowy rejected a preliminary trial motion sought by defense lawyer Lawrence J. McGuire, who had argued that evidence seized by police from his client?s car and home be suppressed at his upcoming trial.McGuire maintained that police did not have probable cause to search and seize Jones? black Honda Civic or to search his home at 11 Marianna St. Police seized knives, a red-hooded sweatshirt with a spot of blood on it, glassine bags, one cell phone and a safe.Assistant District Attorney Michael Sheehan argued that the motion should be denied, maintaining police had probable cause to search.Lowy in his ruling stated the seizure of Jones? vehicle did not violate his rights and police had cause to search and seize the vehicle and home.Jones, who was 17 at the time of the incident, is charged with first-degree murder in connection with the fatal stabbing of Huy Le, 19, of 64 Whiting St., on Feb. 12, 2010.Le?s body was found by police near the children?s playground equipment with multiple stab wounds in Gallagher Park. Le was unresponsive. He was pronounced dead at the scene by paramedics.Police believe the incident occurred over a drug transaction for approximately an ounce of marijuana and $450.In Salem Superior Court Tuesday, Sheehan told Judge John T. Lu that he will be filing an additional motion for a DNA sample.The case was continued until Nov. 3 regarding a DNA sample.In the meantime, Jones still remains held at the Middleton Jail without bail. He has pleaded innocent to the first-degree murder charge. No trial date has yet been scheduled in the case.A conviction on the charge carries a life sentence in state prison with no chance of ever being paroled.Le was a 2009 Lynn English High School graduate, was attending North Shore Community College in the liberal arts program and working at McDonald?s on the Lynnway at the time of his death.A second alleged suspect, Jaime Martinez, who was 17 at the time of the murder, initially claimed to be a witness and pretended to help detectives, however, as information began to unfold, police learned that the information provided by Martinez was unsubstantiated.In the meantime, Martinez fled the area and is believed to be living in Mexico, according to police. A warrant has been lodged for his arrest.

  • Karen A. Kapsourakis
    Karen A. Kapsourakis

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