LYNN — The 15 jurors on the murder trial of Marcus Carlisle, of Lynn, and Tyrell Berberena, of Everett, left the courtroom Friday — the trial’s fourth day— to travel to multiple areas of interest in Lynn.
Carlisle and Berberena are on trial for allegedly killing Lynn man Noe Hernandez and shooting four other individuals at a Fourth of July cookout at 134 Fayette St. in 2020.
In her opening statement Tuesday, prosecutor Susan Dolhun argued that Elijah Fontes-Wilson allegedly drove Carlisle, Berberena, and Josue Cespedes to the scene of the crime in a truck. He then allegedly drove the truck to a separate cookout at 24-26 Union Court before abandoning it at Union Place.
Eyewitnesses testified that the men stopped near the cookout’s driveway, fired multiple rounds through the truck’s passenger side windows, then inched the truck forward, firing additional rounds into the crowd.
The Commonwealth charges that the accused are members of the Tiny Rascals Gang, and fired a total of 20 shots at the partygoers, believing they were members of a rival gang, Los Trinitarios.
On Friday, members of the jury traveled to Lynn to inspect areas of interest in the case. Starting at the intersection of Collins Street and Fayette Street so that 134 Fayette St. was on their passenger side, Dolhun led the jurors on a trip through the defendants’ alleged route on the night of the shooting.
The jurors drove past 134 Fayette St., across the intersection with Essex Street, turned right onto Olive Street, left onto Chestnut Street, right on to Story Avenue, and right on to Pinkham Street. They then parked on Union Court near Union Place.
Dolhun alleged that Fontes-Wilson began to park the truck near the Union Court cookout before deciding the location was too conspicuous.
“They need to move [the truck] and they move it several hundred feet down a more secluded dead end street called Union Place,” Dolhun said Tuesday.
Dolhun said they then walked back to the cookout.
Carlisle’s defense attorney, James Krasnoo, argued that Dolhun’s narrative was based primarily on Fontes-Wilson’s statements to the police. Krasnoo said the statements are unreliable as Fontes-Wilson initially filed a false police report claiming the truck was stolen.
Brian Kelley, Berberena’s attorney, told the jurors Tuesday that the prosecution’s argument had no grounding in truth. Specifically, the argument that the suspects were motivated due to gang involvement, Kelley said, was the result of a poorly-executed investigation.
“Did the government do everything they could to investigate this particular case?” Kelley said. “They want you to believe that this is a gang-related shooting. There’s absolutely no evidence or truth in that other than what they’re saying.”
The trial will resume at 9 a.m. Monday morning at Salem Superior Court.
