Woman who nearly killed man she says attacked her could get third trial

The Supreme Judicial Court today ruled that Suffolk County prosecutors can re-try Leah Daniels for using a knife to slash a man's neck and almost take off his ear outside a downtown bar in 1999 - although the DA's office says it is still considering whether to try her again.

Two earlier trials ended in mistrials. Daniels claimed self defense in the second trial, in 2005. When the jury deadlocked on that issue and the judge declared a mistrial, she asked a superior-court judge and then the high court to bar further prosecution on double-jeopardy grounds, "claiming that the Commonwealth's evidence was insufficient to sustain any convictions, and that, accordingly, principles of double jeopardy barred retrial."

The SJC, however, ruled prosecutors had made a strong enough case to convict her on the charges of armed assault with intent to murder, mayhem, and assault and battery by means of a dangerous weapon and that "while the evidence at her trial, viewed most favorably to her, entitled her to a self-defense instruction, the jury were not required to credit her version of the altercation."

Jake Wark, spokesman for the Suffolk County DA's office, said the office has yet to decide whether to seek a new trial. "Prosecutors will evaluate the facts and circumstances of the offense along with the availabilities of the victim and witnesses 10 years after the fact before we make a final decision," he said.

In its ruling, the court laid out the basics of the case:

One early December morning in 1999, following a party at a nightclub in downtown Boston, Scott Sullivan and a few friends walked out of the club to hail a taxicab. While he and a female friend walked into the street, leaving two other friends on the sidewalk, a dark sedan pulled up and double parked. The driver went to a nearby pizza restaurant, leaving the door open and music playing on the radio; several passengers were inside. Sullivan sat in the driver's seat, played with the radio, and tried to engage the front passenger, a woman, in friendly conversation. One of Sullivan's friends told him to get out of the car, but he remained. Shortly thereafter, the driver returned and yelled at Sullivan to get out of the car. Sullivan apologized and stepped out of the car. Sullivan was then surrounded by three or four people yelling at him. At the center of the group was Daniels, who screamed, "What the fuck are you doing in my car? Who the fuck are you?" and slashed Sullivan's ear and neck with a knife. Sullivan's ear was cut nearly off, and he suffered severe injuries to major arteries in his neck, losing a large amount of blood and requiring many hours of surgery.

According to Daniels's testimony, once Sullivan was out of the car, he grabbed her, threw her against a nearby truck, and began "humping on" her. She claimed she was afraid that he might rape her or throw her into the street, and so, to defend herself, she pulled out a knife from her pocket and struck him.

Complete ruling.