Firearm conviction in connection to 1994 murder to be vacated

BOSTON, August 3, 2023 – The Suffolk District Attorney’s office today assented to a motion for a new trial in connection to the 1995 firearm conviction of JAMES LUCIEN, 50, following an investigation by the office’s Integrity Review Bureau (IRB), District Attorney Kevin Hayden announced.

After a judge approved the motion, the office announced it would not go forward with the new trial.

On November 28, 1995, a Suffolk County jury convicted Lucien of first-degree murder, two counts of armed robbery, and one count of illegal possession of a firearm in the fatal shooting of Ryan Edwards outside a McDonald’s parking lot in Roxbury in June 1994.

The Integrity Review Bureau in 2021 conducted an extensive review of the trial record and evidence supporting those convictions. The IRB found significant concerns regarding the soundness of the verdict and concluded that Lucien’s case was infected with several errors. As a result of its investigation, the office in October 2021 assented to the motion for new trial as to the murder and armed robbery convictions but not the remaining possession of a firearm conviction. The court agreed that the motion for new trial did not pertain to that conviction due to Lucien admitting he had possessed a gun at the time of the shooting.

On January 13, 2023, Lucien filed another motion for new trial for the remaining firearm conviction. After additional investigation and review by the IRB the office assented to the motion for new trial and requested that in the interest of justice, the court vacate Lucien’s conviction for illegal possession of a firearm.

At a hearing today in Suffolk Superior Court, Judge Robert Ullman granted the motion for a new trial, and Hayden’s office filed a nolle prosequi, ending the case.

In her assent to the motion for a new trial, IRB chief Jennifer Zalnasky pointed to the improper actions of former Boston Police Det. John Brazil as having “caused prejudice to (Lucien).”

“We will continue to pursue facts and evidence in unjust verdicts with the same vigor we bring to pursuing facts and evidence in new prosecutions.  Our justice system must never accept impropriety or corruption in any verdict, regardless of how old.  I’m proud of and grateful for the IRB’s work on this case,” Hayden said.

All charged individuals are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Suffolk County District Attorney Kevin Hayden’s office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 20,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.

James Borghesani, Chief of Communcations

 

SCDAO