Judge delays Lowell murder trial upended by revelations about investigator’s role in crash
The judge presiding over the planned retrial of three brothers accused of a fatal shooting in Lowell in 2020 indefinitely delayed the trial , which had been rocked by revelations that one of the lead investigators into the killing may have been drunk when he crashed into a van in Woburn in December 2023.
Judge Christopher Barry-Smith also scheduled a Friday morning bail hearing for Billoeum, Billy Lee and Channa Phan , all of whom are charged with first-degree murder. The retrial was first set to begin in January, then delayed to April before the judge took it off the calendar altogether on Tuesday.
Barry-Smith has yet to rule on a defense motion for an evidentiary hearing on a motion to dismiss for prosecutorial misconduct. Lawyers for the Phan brothers have argued that the delayed revelations surrounding Massachusetts State Police Sgt. Scott Quigley has caused irreparable damage to their ability to get a fair trial.
Prosecutors revealed on the second day of jury selection in January that testing done at a hospital after a crash in Woburn in December 2023 showed Quigley had a blood-alcohol limit over the legal limit at the time. The crash, which occurred while Quigley was on duty, killed Angelo Schettino, the passenger in a transport van.
Body-worn camera footage shows Massachusetts State Police Sgt. Scott Quigley's damaged car after a crash on Dec. 12, 2023.Massachusetts State Police
In any criminal case, prosecutors are obligated to turn over information that could benefit a defendant at trial — including information that could damage the credibility of investigators.
Since January, the revelations have continued.
In a court filing last week, prosecutors revealed that an unsworn, non-attorney employee of the office had prior knowledge of the situation.
That employee disclosed that State Police Lt. Anthony DeLucia mentioned in 2024 that he had heard Quigley's blood-alcohol content was .11 at the time of the crash. DeLucia apparently said Quigley had been at "Teresa's" with another trooper before the crash.
On top of that, prosecutors pointed the finger at State Police for not disclosing dash camera footage from the troopers who responded to the 2023 crash, which was published in The Boston Herald . During the footage, obtained by MassLive, an investigator can be heard saying, "if he's not (expletive)-faced, I'm not worried about it."
"It appears that Scott had his phone out," Sgt. Jennifer Penton can be heard saying. "They're looking out for him."
The series of late disclosures of evidence has led lawyers for the Phan brothers to say the conduct of the district attorney's office and the State Police amounts to a cover-up. In one recent filing, William Dolan, who represents Channa Phan, said prosecutors were trying to pass the buck to the State Police.
Dolan wrote that he was reminded of the Wizard of Oz and the expression "pay no attention to that man behind the curtain." He asked the judge to sanction the State Police and hold them in contempt.
Middlesex County prosecutors agree with the defense that more investigation into Quigley and the handling of the 2023 crash is needed, but argued that the Phan trial was not the right place for it.
"I do again want to say that we completely agree that this is something that needs to be fully and fairly investigated, but I think at the end of the day it's important to keep in mind this is the trial of Commonwealth v. Phan, not Commonwealth v. Quigley or Commonwealth v. State Police," Assistant District Attorney Casey Silvia said at a hearing on Tuesday.
Barry-Smith scheduled a status hearing for June 2 for updates on the investigations into Quigley.
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