Suffolk District Attorney Files Motion to Reduce Verdict in 1971 Homicide

Arnold King has served 49 years for the murder of John Labanara

BOSTON, Oct. 29, 2020 — The Integrity Review Bureau of Suffolk County District Attorney Rachael Rollins late yesterday filed an assented-to motion to reduce to manslaughter the verdict against Arnold King, who has been incarcerated for 49 years on first degree murder.

King, who is Black, was convicted in 1972 of the Oct. 20, 1971 robbery and murder of John Labanara, a rising figure in Mayor Kevin White’s administration. The trial occurred as racial tensions roiled Boston, and the NAACP sued the Boston School Committee alleging segregation in the city’s public schools.  During jury selection for the trial, prosecutors from this office used peremptory challenges to strike every prospective Black juror from the jury pool. Labanara was white.

“The issues being raised in the Arnie King case speak directly to Boston’s documented and painful history on race relations. Mr. King stands convicted of a heinous murder. Mr. Labanara had the brightest of futures ahead of him and his loved ones and community still feel his loss five decades later. I can only image how difficult it is for Mr. Labanara's family to have to relive this horrific crime and loss as a result of the filing of Mr. King's motion,” District Attorney Rachael Rollins said. Her office has been in contact with the victim’s family.

Back in 1972, Suffolk County prosecutors struck all four Black prospective jurors from hearing the case.  Then, an all-white jury found King guilty of first degree murder in a cross-racial homicide. 

The filing states that “John Labanara is, and remains, the victim in this case. Nothing we do today can bring back Mr. Labanara and his family still mourns his loss every day. The cornerstone of this result remains accountability for the tragic death of Mr. Labanara, but is also reflective of our steadfast vigilance to the constitutional principles that apply to all.”

“The uncontested facts of the defendant’s case merits the reduction in the verdict as he has requested in his pleadings filed with the trial court. The prosecutor’s use of peremptory challenges to strike each one of the potential jurors who was Black, the defendant’s acceptance of responsibility for the crime charged, and the length of the sentence he has already served requires the retroactive application of the Soares holding to the defendant’s case in the interests of justice. Based on the totality of factors presented by the case, the Commonwealth assents to the defendant’s request to reduce his verdict and requests that it be reduced to manslaughter.”

DA Rollins said it is crucial that every case prosecuted and verdicts returned are “secured constitutionally and ethically, and achieve a just result.

“As I’ve said time and again, however, finality should never be a substitute for justice.  Whenever concerns are raised that justice has not been done, the interests of justice, community trust, and public safety demand that we thoroughly review what happened. But this is not a victory.

“John Labanara was murdered and his family has lived and will continue to live with that awful fact.  The man who killed Mr. Labanara, however, did not receive a fair trial as afforded and required by our constitution.  Racism undid this verdict and conviction.  The race-based challenges of every Black juror by the Suffolk County DA’s Office undid this conviction.  Any anger and disappointment should fall squarely at the feet of this office’s decisions in 1972.  Although Mr. King is no longer the 18-year-old who committed murder, Mr. Labanara’s family still grieves and will never see John again.  This is not a victory.”

Rollins’ Integrity Review Bureau is the first of its kind in the nation and was launched in 2019.  The IRB goes far beyond the work of the conviction integrity units operated by many other elected prosecutors across the country.  It is responsible for reviewing policies and practices at each stage of a prosecution through four program areas.

Case Integrity reviews sentinel events during a case such as a no bill by the grand jury, a judge granting a motion to suppress evidence, or a directed verdict. Conviction Integrity looks at post-conviction claims of innocence or wrongful convictions based on unconstitutional or unethical actions. Sentencing Integrity examines whether certain sentences have produced unjust results. And the recently announced Law Enforcement Automatic Discovery (LEAD) Database, includes law enforcement witnesses who have a history of misconduct or whose credibility has been challenged by a court or administrative agency.  

Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 25,000 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.