Happy birthday, B for birthday.
GOOD MORNING.
BREAKING NEWS.
WE TAKE YOU LIVE INSIDE SUFFOLK
SUPERIOR COURT WHERE MICHAEL
McCARTHY IS ABOUT TO BE
SENTENCED.
HE IS THE NEXT BOYFRIEND OF
BELLA'S MOTHER WHO FACES LIFE
IN PRISON WITH A CHANCE OF
PAROLE.
LET'S LISTEN IN AS A JUDGE HAS
ENTERED THE COURTROOM.
MICHAEL McCARTHY IS ON THE
LEFT-HAND SIDE OF YOUR SCREEN.
LET'S LISTEN.
THE DEFENDANT WAS FOUND
GUILTY ON MONDAY OF MURDER IN
THE SECOND DEGREE.
SENTENCING.
THEY WOULD LIKE TO NOTIFY
THE COURT THAT MR. AMOROSO WHO
HAS BEEN DETERMINED BY DNA
TESTING TO BE BELLA'S FATHER
UNDER THE STATUTE WHICH IS --
WISHES TO EXERCISE HIS RIGHT
WHICH IS A VICTIM IMPACT
STATEMENT.
HE HAS PREPARED A STATEMENT AND
I HAVE PROVIDED A COPY TO THE
COURT.
HE DOES WISH TO DELIVER IT.
I DO HAVE THE TYPE COPY.
HE CAN STEP FORWARD HE CAN
ADDRESS ME
I DID READ IT.
IT SEEMS APPROPRIATE.
GO-AHEAD.
GOOD MORNING.
MY NAME IS JOE AMOROSO.
I AM THE FATHER OF BELLA BOND.
BELLA IS A NAME I CHOSE BECAUSE
IT MEANS BEAUTIFUL.
AND THAT SHE WAS.
IT WAS AUGUST 6, 2012 AT
APPROXIMATELY 9 PM WHEN MY WIFE
CAUGHT ME AND I LISTENED TO HER
GIVE BIRTH OVER SPEAKERPHONE.
WILL NEVER FORGET THE FIRST
SOUND BELLA MADE WILL ENTERING
THIS WORLD.
SHE WAILED AND WAILED AND RIGHT
AWAY I KNEW SHE BELONGED TO ME
AS A SET OF LUNGS LIKE HERS.
BILL IT WAS UNHAPPY AN INNOCENT
CHILD FULL OF LIFE.
SHE WAS VERY SMART AND LEARNING
THINGS RATHER QUICKLY.
SHE LOVED HELLO KITTY AND SHE
ALSO KNEW HOW TO MAKE A PIZZA.
BELLA WAS A GIFT FROM GOD WHOSE
LIFE WAS CUT SHORT AT SUCH A
YOUNG AGE.
BUT BELLA WAS AND STILL IS AND
ALWAYS WILL BE IN MY HEART AND
SOUL.
I BELIEVE THAT MY DAUGHTER
BELLA WOULD'VE EXCELLED IN
COLLEGE AND EARN UP TO BE A
BEAUTIFUL AND SUCCESSFUL WOMAN
THAT LOVED LIFE.
I CAN IMAGINE HER BEING A
LOVING AND WELL MANNERED MOTHER
LOVES CHILDREN.
I WAS ROBBED OF MY CHANCE.
TO BE A FATHER TO BELLA.
NO VERDICT CHANGES THAT.
AND NO JUSTICE ON EARTH FIXES
THAT GRIEF.
THE IMPACT OF THIS SENSELESS
ACT OF VIOLENCE IS TAKEN QUITE
A TOLL NOT ONLY FOR ME BUT ALSO
MY FAMILY.
MY FATHER IS IN FLORIDA BUT
ASKED THAT I SHARE THE
FOLLOWING STATEMENT WITH THE
COURT.
OUR FAMILY IS GRATEFUL THAT THE
JURY'S VERDICT HAS BROUGHT
JUSTICE FOR BELLA.
WE ARE COMFORTED IN KNOWING THE
BELLA IS SAFE IN GOD'S HANDS.
MY GOD US ALL PIECE IN THIS
SEASON OF SORROW.
THANK YOU.
THANK YOU.
YOUR HONOR, IT'S RECOMMENDED
THAT THE COURT IS RANKS --
RECOMMENDS THAT YOUR HONOR --
THE COMMONWEALTH IS WELL AWARE
THAT YOUR HONOR HAS HEARD ALL
THE EVIDENCE AND UNDERSTANDS
THE FACTS AND DETAILS OF THIS
CASE.
THE COMMONWEALTH WOULD POINT
OUT THAT THERE ARE HERE NO
MITIGATING FACTORS THAT THE
COMMONWEALTH CAN SEE EITHER ME
GETTING FACTORS SET OUT IN THE
SENTENCING GUIDELINES OR IN THE
MORE COMMON-LAW SENSE OF THAT
TERM.
THERE ARE SEVERAL AGGRAVATING
FACTORS I MERELY THE AGE AT
WHICH BELLA BOND WAS MURDERED.
SHE WAS APPROXIMATELY 2 MONTHS
SHY OF HER THIRD BIRTHDAY.
IN THE POSITION OF TRUST THAT
THE DEFENDANT OCCUPIED WITH
RESPECT TO HER AS SOMEONE WHO
LIVED WITH HER AS HER MOTHER'S
BOYFRIEND WHO WAS CHARGED WITH
IF NOT HER CARE, AT LEAST NOT
INJURING HER AND WHO IS TRUSTED
TO BE WITH HER AND TRUSTED WITH
HER SAFETY.
FOR THOSE REASONS THE
COMMONWEALTH THINKS IT'S
APPROPRIATE FOR THE COURT TO
SET THE PAROLE ELIGIBILITY AT
THE MAXIMUM LEVEL OF 25 YEARS.
DO WISH TO BE HEARD?
I DO.
IT'S ALWAYS HARD TO MAKE A
SENTENCING ARGUMENT ON BEHALF
OF AN INNOCENT PERSON.
IF THERE WERE AND HAD BEEN
JUSTICE IN THIS COURTROOM,
MICHAEL McCARTHY WOULD BE
SITTING IN THE GALLERY
WATCHING MICHELLE BOND BEING
SENTENCED FOR HER CRIMES
INCLUDING HAVING COMMITTED
PERJURY IN THE COURSE OF A
CAPITAL TRIAL.
BUT THERE WAS NO JUSTICE FOR
MR. McCARTHY HERE.
INSTEAD WE ARE FORCED TO LISTEN
TO MR. DEACON MAKE HIS
VINDICTIVE, CYNICAL AND
COMPLETELY DISINGENUOUS PLEA TO
IMPOSE THE MOST SERIOUS PENALTY
THE LAW ALLOWS ON MR. McCARTHY.
I SAY VINDICTIVE BECAUSE IT IS
THE MOST SERIOUS PENALTY WHICH
IS HARDLY IMPOSED IN ANY
CIVILIZED SOCIETY TODAY AND
EVEN THE MOST SERIOUS CRIMES.
THE PURPOSE OF PAROLE IS TO
GIVE A PERSON THE CHANCE AT
REDEMPTION.
TO THE EXTENT THAT IS
APPROPRIATE.
THE PAROLE BOARD IS THE AGENCY
WHICH IS AUTHORIZED BY LAW TO
CONSIDER THE APPROPRIATE PAROLE
ELIGIBILITY AFTER THE MINIMUM
REQUIREMENT WHICH IS 15 YEARS.
IT MAKES NO SENSE WHATSOEVER TO
DENY THAT APPROPRIATE AUTHORITY
TO THE PAROLE BOARD BY MAKING A
DECISION 15 YEARS BEFORE
SOMEONE CAN ASSESS AND CONSIDER
MR. McCARTHY IN LIGHT OF THE 15
YEARS THAT HAVE PASSED.
NOW I SAY MR. DEACON WAS
CYNICAL AND DISINGENUOUS BECAUSE
HE IS NOW ASKING FOR THE MOST
SERIOUS PENALTY FOR A CRIME
ABOUT WHICH WE KNOW NEXT TO
NOTHING.
WE DON'T KNOW WHEN IT WAS
COMMITTED.
WE DON'T KNOW HOW IT WAS
COMMITTED.
IN FACT, MR. DEACON HAS IN
EFFECT DISOWNED THE STATEMENTS
HE MADE AT THE BEGINNING OF THE
TRIAL IN WHICH HE CLAIMS THAT
MR. McCARTHY HAS A VIOLENTLY
AND WITH INTENT COMMITTED THIS
HORRIFIC CRIME.
YET WE CAME TO THE END OF THE
CASE AND HE WAS PERFECTLY HAPPY
TO LET THE JURY CONVICT ON THE
BASIS OF SOME UNSUPPORTED
ASSUMPTIONS THAT RACHELLE BOND
HAD PARTICIPATED IN THE CRIME.
INDEED IF THAT WERE IS SO, IF
THERE IS PARTICIPATION BY
ANOTHER, WHICH HE CERTAINLY
OPENED THE DOOR TO, WE DON'T
KNOW WHO DID WHAT, WHAT THE
MOTIVE WAS, OR HOW IT HAPPENED.
IF ANYTHING, THIS CRIME ALLEGED
AND PROVEN BEFORE THIS JURY, IS
ON THE VERY LEAST AGGRAVATED
END OF THE SPECTRUM.
I THINK IT'S FAIR TO SAY THAT
THE TESTIMONY OF RACHELLE BOND
OF WHAT SHE CLAIMED HAPPENED
WAS COMPLETELY DISPROVED BY THE
MEDICAL EXAMINER.
IT WAS CONTRADICTED BY THE
MEDICAL EXAMINER IN EVERY BIT
OF THE FORENSIC AND MEDICAL
EVIDENCE THAT WAS INTRODUCED.
SO WE ARE LEFT NOT KNOWING WHAT
HAPPENED BECAUSE OF WHAT SHE
SAID WHICH CLEARLY WAS WRONG.
WE DON'T KNOW WHEN IT HAPPENED
BECAUSE WHEN SHE SAID IT
HAPPENED THAT CLEARLY WAS A LIE.
WE ARE LEFT WITH ONLY A VERDICT
WHICH PROBABLY RESTED ON THE
THIRD PART OF MALICE.
THAT SOMEONE WHO DID SHOULD HAVE
KNOWN WOULD'VE LEAD TO DEATH
WHICH IS THE LEAST SERIOUS OF
ALL OF THE CRIMES, ALL OF THE
MURDER CRIMES WITH WHICH HE
WOULD'VE BEEN CHARGED.
LOOKING AT IT FROM THAT POINT
OF VIEW, WE URGE THE COURT TO
IMPOSE THE MINIMUM PAROLE
ELIGIBILITY OF 16 YEARS WHICH
HAS BEEN THE LAW IN THE
COMMONWEALTH FOR AS LONG AS I
CAN REMEMBER.
AND THE MOST RECENT CHANGE
WHICH GIVES THE JUDGE DISCRETION
BUT WITHOUT ANY APPARENT
GUIDELINES IS HOW TO EXERCISE
THAT DISCRETION, THE
COMMONWEALTH HAS DONE FINE WITH
THE SECOND SERIES AND HAS BEEN
AUTHORIZED IN THE PAST.
THE PAROLE BEER BASH THE PAROLE
BOARD -- THE PAROLE BOARD HAS
EXERCISED AUTHORITY TO DECIDE
ON PAROLE FOR YEARS AND IS
COMPLETELY CONFIDENT TO DO THAT.
IN ADDITION TO IT BEING ON THE
LOW END OF THE SPECTRUM OF
SERIOUSNESS, ONE SHOULD ALSO
LOOK AT MR. McCARTHY.
MR. McCARTHY HAS HAD A HARD
LIFE, THAT WAS CLEAR IN ALL OF
THE TESTIMONY.
DRUG ADDICTION, IT WAS A
PROBLEM HE SUFFERED FROM
THROUGHOUT HIS LIFE FROM HIS
ADOLESCENCE UNTIL THE DAY HE
WAS ARRESTED.
HE HAD AT MOST A MINOR CRIMINAL
RECORD WHICH WAS RELATED IN
EVERY RESPECT TO FEEDING THE
HABIT.
SHOPLIFTING, LARCENY, THE LEAST
SERIOUS OF CRIMES.
SO LOOKING AT HIM AS A PERSON,
WE URGE THE COURT TO EXERCISE
ITS DISCRETION TO IMPOSE THE 15
YEAR PAROLE ELIGIBILITY ON THE
LIFE SENTENCE, NOT TO FORGET
THE FACT THAT IT IS A LIFE
SENTENCE.
WHICH IS THE MOST SERIOUS
PENALTY THAT CAN BE IMPOSED.
THANK YOU.
IN LIGHT OF SOME OF THOSE
COMMENTS I WANT TO SAY A FEW
THINGS ABOUT THE TRIAL.
IT WAS A VERY FAIR TRIAL.
THE PROSECUTION RESENTED THE
EVIDENCE IN A FAIR AND
PROFESSIONAL MANNER.
DEFENSE COUNSEL PROVIDED MR.
McCARTHY WITH EXCEPTIONAL
PRESENTATION.
AND ALTHOUGH I DON'T BELIEVE I
MADE ANY LEGAL ERRORS THERE IS
AN APPELLATE COURT WHICH WILL
REVIEW THE RECORD IN THIS CASE
TO MAKE SURE I DID NOT.
THE JURY WAS CHOSEN AFTER A
WEEK OF INDIVIDUAL QUESTIONING.
BY COUNSEL AND MYSELF.
THEY PAID CLOSE ATTENTION TO
THE EVIDENCE, ALMOST 3 WEEKS OF
TESTIMONY.
AND THEY CAREFULLY SIFTED
THROUGH THE EVIDENCE OVER FIVE
DAYS OF DELIBERATION.
THEY WERE ALLOWED TO CONSIDER
NOT ONLY FIRST-DEGREE MURDER,
SECOND-DEGREE MURDER, BUT THE
LESSER INCLUDED OFFENSE OF
INVOLUNTARY MANSLAUGHTER WHICH
I DID SUBMIT TO THEM OVER THE
ATTORNEYS OBJECTION.
THE JURY HAS NOW SPOKEN.
THE DEFENDANT HAS BEEN FOUND
GUILTY OF MURDER IN THE SECOND
DEGREE.
MR. SHAPIRO SAYS IT'S NOT AT
THE AGGRAVATED END OF THE
SPECTRUM, AND HE TALKS ABOUT
THE THIRD PART OF MALICE. JUST
SO WE'RE CLEAR, ALTHOUGH IT'S
NOT THE VERDICT MEANT THAT THE
JURY WAS NOT -- CONVINCED
BEYOND A REASONABLE DOUBT THAT
IT RESULTED IN A DELIBERATE
PLAN, THE DEFENDANTS PART, IT
WAS CONVINCED OF BEYOND A
REASONABLE DOUBT THAT MR.
McCARTHY INTENDED TO CAUSE
REAVIS BODILY HARM TO A TWO-
YEAR-OLD CHILD, OR INTENDED TO
DO AN ACT WHICH A REASONABLE
PERSON WOULD OF KNOWN WOULD
RESULT IN THE CHILD'S DEATH.
THE PENALTY FOR SECOND-DEGREE
MURDER IS MANDATORY LIFE IN
PRISON REFLECTING THE
SERIOUSNESS OF THAT CRIME.
AS COUNSEL POINTED OUT I HAVE
SOME DISCRETION AS TO PAROLE
ELIGIBILITY.
AND THE CONSIDERATIONS AS TO
THAT ARE NOT IDENTICAL IN MY
VIEW TO THE CONSIDERATIONS I USE
IN TERMS OF FASHIONING A
SENTENCE.
I THINK THERE ARE SOME THINGS
THAT I STILL NEED TO CONSIDER
THAT I WOULD CONSIDER BOTH IN
IMPOSING A SENTENCE IN TERMS OF
IT YEARS AND THE PAROLE
ELIGIBILITY NOW THAT THE
LEGISLATURE HAS DECIDED TO GIVE
THE COURT DISCRETION TO EXTEND
THAT BEYOND THE 15 YEARS.
IT'S CERTAINLY HARD TO PREDICT
WHAT MR. McCARTHY, WHAT KIND OF
PERSON HE WILL BE.
MORE THAN A DECADE FROM NOW.
IN LIGHT OF THE VULNERABILITY
OF THE VICTIM, THE
CIRCUMSTANCES THAT SURROUNDED
THE COVER UP HER DEATH -- OF
HER DEATH, I DETERMINED HE
SHOULD NOT BE PAROLE ELIGIBLE
FOR AT LEAST 20 YEARS.
WITH THAT I WILL HAVE THE CLERK
POSTED.
THE JURY HAVING RETURNED A
VERDICT OF GUILTY AGAINST YOU
FOR MURDER IN SECOND-DEGREE,
THE COURT IN CONSIDERATION NOW
SENTENCES YOU TO THE
MASSACHUSETTS CORRECTIONAL
INSTITUTION AT CEDAR JUNCTION
LIFE WITH PAROLE ELIGIBILITY
AFTER 20 YEARS. THE COURT DEEMS
650 DAYS SERVED IN CUSTODY
AWAITING THIS MATTER, THE DATE
OF ARREST OF 918 2015.
THE COURT IMPOSES THE WITNESS
FEE -- TO SUPPLY A DNA SAMPLE,
YOU ARE NOTIFIED THE RIGHT TO
APPEAL HIS CONVICTION PURSUANT
TO RULES OF APPELLATE
PROCEDURE.
YOU STAND COMMITTED.
THANK YOU.
YOU BEEN LISTENING LIVE
INSIDE THE COURTROOM WHERE THE
JUDGE HAS SENTENCED MICHAEL
McCARTHY TO LIFE IN PRISON FOR
THE MURDER OF ELLA BOND WITH
THE ELIGIBILITY OF PAROLE IN 20
YEARS.
THE PROSECUTION HAD ASKED HER
TO PUT HIM IN JAIL WITH THE
POSSIBILITY OF PAROLE IN 25
YEARS.
THE DEFENSE ASKED FOR 15 YEARS.
SHE SETTLED IN THE MIDDLE AT 20
YEARS.
CITING THE VULNERABILITY OF
THAT YOUNG CHILD ELLA BOND WE
HE WAS CONVICTED OF MURDERING.
BELLA BOND, HER MOTHER, THE
SENTENCING WAS PUSHED BACK.
WE WILL STAY ON TOP OF THAT
PART OF THE STORY WHEN HER
SENTENCING COMES UP IN ABOUT
TWO WEEKS.
WE NOW KNOW WHAT MICHAEL
McCARTHY WILL BE FACING, LIFE
IN PRISON WITH ELIGIBILITY OF
PAROLE IN 20 YEARS.
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