JUDGE DENIES MOTION FOR NEW “ROCKEFELLER” TRIAL

The Suffolk Superior Court judge who presided over the 2009 trial of CHRISTIAN KARL GERHARTSREITER (D.O.B. 2/21/61) last week denied the defendant’s motion for a new trial, Suffolk County District Attorney Daniel F. Conley said.

After a six-day trial last summer, the man once known as “Clark Rockefeller” was found guilty of kidnapping his daughter, then 7, during a 2008 custody visit and absconding with her to Baltimore. He was also found guilty of assault and battery with a dangerous weapon for instructing his unwitting getaway driver to speed away from the scene while the social worker monitoring them clung to the vehicle’s door, causing the social worker to fall to the ground in Boston’s Back Bay.

After the trial, Gerhartsreiter’s attorneys filed a motion to set aside the jury’s verdict or grant the defendant a new trial.

“The defendant’s motion for relief pursuant to Rule 25 (b)(2) is denied,” Judge Frank Gaziano wrote in a decision penned on Feb. 25 and received by Conley’s office today. “I do not find that any of the alleged errors, concerning the prosecutor’s use of a rhetorical flourish and Dr. Chu’s qualifications to testify as an expert witness, warrant a new trial. In addition, the evidence was sufficient, viewed in a light most favorable to the Commonwealth, to support the A&B D/W conviction.”

Gerhartsreiter is currently serving a four- to five-year state prison term.

Assistant District Attorney David Deakin, chief of Conley’s Family Protection and Sexual Assault Unit, prosecuted the case. Gerhartsreiter was represented by attorneys Jeffrey Denner and Timothy Bradl.