Worcester Superior Court Judge Grants New Trial for Convicted Murderer Fredette
Thursday, August 18, 2016
“Day in and day out, we put our faith in the jury system. We strongly feel the jury’s decision was reasonable and proper based on the evidence presented and the judge’s instructions to the jury. I am very disappointed in the judge’s decision. We will pursue every avenue available to appeal this decision," said Worcester District Attorney Joseph Early Jr.
Fredette, who was living in Saco, Maine, in 2012 when he was arrested, was found guilty on June 25, 2014, of first-degree murder on the theory of felony murder. He was given the mandatory sentence of life in prison without the possibility of parole.
Fredette’s attorneys filed a motion for a new trial, arguing that felony murder requires an act of violence separate from the homicide, and that there was no evidence of such presented at trial.
In a ruling given on Wednesday, Judge Janet Kenton-Walker, who presided over the trial, agreed with the defense and ruled that errors in the jury instructions warranted a new trial.
The 1994 Incident
Harkins, 36, was called from Suney’s Pub on Chandler Street about 10:30 p.m. on Feb. 15, 1994. He was seen getting into a car with three men, according to testimony. He was never seen again.
Prosecutors said Harkins was murdered because he reneged on a deal to give false testimony in Fredette’s drug trial on Feb. 15, 1994 in exchange for a bag of cocaine. Fredette was convicted and sentenced to 4-6 years in prison in 1994.
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