For second time, appeals court overturns man's murder conviction because of courtroom irregularities

For the second time in 11 years, an appeals court today overturned Joseph Downey's second-degree murder conviction, saying his right to a public trial was violated when the judge in his case barred spectators from his courtroom when he questioned some prospective jurors.

The ruling means Joseph Downey could get his third trial for the stabbing death of James Murphy in the back of Kelly's Cork and Bull in South Boston in 1997.

Downey, 45, was convicted in 2007 on charges he and his brother Daniel murdered Murphy to avenge a beating Murphy had given Downey a few days earlier and because Murphy was dating Downey's ex-girlfriend. The Downey brothers had both previously been convicted in 1999, but that verdict was overturned because their lawyers had worn microphones for a British TV documentary without telling them. Daniel Downey pleaded guilty to manslaughter for holding Murphy while Joseph Daniel allegedly stabbed him twice in the back of the bar.

In its ruling, the appeals court said Judge Patrick Riley had no good reason to clear his courtroom when he questioned some potential jurors about their criminal records:

[T]he closure was far broader than necessary; a reasonable alternative to closing was readily available; and the judge made no findings to support closure. As the judge himself noted, the interest in protecting the confidentiality of the CORI records of the two jurors could have been accomplished effectively at sidebar with the public present. The convenience of questioning the jurors from the witness stand rather than at sidebar does not justify overriding the right to public trial. Moreover, we are aware of no justification whatsoever for closing the courtroom to the public at large during the ensuing voir dire for the replacement juror. In sum, violation of the defendant's right to public trial occurred and the defendant is entitled to a new trial.

Complete ruling.