Trial against Lynn teen to resume following murder appeal

SALEM – A Superior Court judge has allowed the commonwealth?s motion to stay the case of Javon Walczak pending a decision from the Appeals Court in Boston following a recent decision dismissing the second-degree murder charge.Walczak, 17, of 208 Edgemere Road, Lynn, has been charged with the fatal stabbing death of Rene Valdez, 16 of Medford, and the stabbing of Darren Colucci, 17, of Swampscott, during a drug rip-off on the night of Aug. 9, 2010.In Salem Superior Court Wednesday, Judge Timothy Q. Feeley allowed the commonwealth?s motion to continue the case pending the outcome of the appeal on his decision to dismiss the second-degree murder charge.Defense attorney Jonathan Shapiro challenged the prosecution?s position, maintaining that the case should still proceed on the second charge against Walczak. That charge, assault and battery with a dangerous weapon, to wit a knife, should proceed even while the most serious indictment of second-degree murder is being appealed.?It makes no sense to have two trials for the same incident,” insisted Assistant District Attorney Marsha Slingerland.In allowing the case not to move forward, Feeley said he agreed with Slingerland, saying “I view them as one integrated case.”Shapiro also asked the judge to alter Walczak?s conditions of release so he can attend school.Feeley allowed the motion, despite strong objections from Slingerland, who pointed out to Feeley that Walczak was selling drugs on the street even before his arrest on the incident in court.Feeley ruled that Walczak would be able to attend school two hours a day at the two facilities during the week and that consideration will also be given for transporting him to and from the two locations at the Boys Club and Fecteau-Leary School, but that a schedule had to be worked out with the probation department concerning the respective programs he would attend.Walczak currently is free on $15,000 cash bail with house arrest.Walczak, who was 16 at the time of the incident, has pleaded innocent to both charges lodged against him. He is due back in court on Feb. 13 for a status hearing