Judge denies motion for new trial in Peabody arson case

SALEM – A Superior Court judge has denied Jose “Joe” Silva, the Peabody man and former owner of Deb?s Diner in Salem, a new trial on his conviction for attempted arson.Defense lawyer Anthony Rizzo had filed a motion in July for a new trial in the case, maintaining that a mistrial should have been declared after jurors saw Silva collapse as he was leaving the witness stand in October 2006.Silva was taken to Salem Hospital, where he spent the night under observations, but returned the following day back in court to continue with the trial.Rizzo stated in his motion that Silva, now 58, received inadequate legal representation from his trial lawyer, John Slattery, who had told him he had to continue with the trial because “the court would be upset,” by any further delays.Prosecutors disputed the allegations filed by Rizzo, maintaining the case was tried appropriately.Thursday morning, Judge David A. Lowy issued his decision, denying the motion for a new trial.Silva, formerly of 62-R Wallis St., Peabody, was convicted on Oct. 23, 2006 following a week-long trial of attempted arson.He was sentenced to serve two-to-five years in state prison for the Dec. 23, 2003 fire inside his home he shared with his wife, Deb, and their two children.