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Man awaiting murder trial charged with stomping woman in search of money

Joseph Downey of South Boston, awaiting his third trial for a 1997 stabbing death, was arrested Saturday on charges he beat and kicked a woman he thought could give him some money, the Suffolk County District Attorney's office reports.

South Boston District Court Judge Michael Bolden set bail at $5,000 on the charges of assault and battery, assault and battery with a dangerous weapon and attempted unarmed robbery. He ordered Downey, 46, to wear a GPS monitoring device and told him to stay away from his alleged victim.

According to the DA's office:

Boston Police responded to the F Street scene for a report of an assault and battery in progress. On arrival, they found the victim, a 30-year-old Quincy woman known to the defendant, extremely distressed and crying. That woman and another woman who lives at the scene told them that Downey had kicked and punched the victim, grabbed her by the throat, and knocked her to the ground.

"Give me some [expletive] money," he allegedly said, using a string of additional vulgarities.

Along with his brother Daniel, Downey was convicted of second-degree murder for the 1997 stabbing death of 30-year-old James Murphy in Kelly's Cork and Bull in South Boston, but both were granted new trials after it came out their lawyers were wearing secret microphones on behalf of a British documentary crew.

Downey was found guilty again in 2007, but again won a new trial, this time because the judge in the case barred the public from part of jury selection. Daniel Downey pleaded guilty to manslaughter.

Prosecutors charge the two brothers agreed to stab James Murphy to avenge a beating Murphy had given Downey a few days earlier and because Murphy was dating Downey's ex-girlfriend. His third murder trial is slated to begin Oct. 3, the DA's office says.

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Comments

Out on bail?

Hello? Anyone out there?

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the purpose of jail is to ensure that the accused shows up for trial. If the court believes that the accused is likely to show up, then it will set bail accordingly.

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Showing up in court is only ONE of the factors considered in determining whether a suspect should be freed on bail or detained prior to trial -- the others are protecting the community from dangerous defendants and maintaining the integrity of the judicial process by preventing interference with victims or witnesses. Both these latter factors suggest bail might have been imprudent here.

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