JUDGE NIXES THIRD TRIAL FOR ’95 MURDER

A Suffolk Superior Court judge last week denied a convicted killer what would have been his third trial for the 1995 murder of 33-year-old Sharilee Banks, Suffolk County District Attorney Daniel F. Conley said.

The decision, filed May 13 and received by prosecutors today, upholds the second-degree murder conviction of WILLIAM LaPAGE (D.O.B. 8/20/52) for stabbing Banks to death in her Winthrop home on the morning of Feb. 25, 1995.

LaPage was initially found guilty of Banks’ murder in 1997, but his conviction was overturned four years later when the state’s Supreme Judicial Court found that the trial judge gave faulty instructions on the issue of self-defense. He was found guilty at a second trial in 2005.

In the most recent decision, Judge Frank Gaziano ruled that LaPage’s attorney in the second proceeding was not ineffective. Specifically, LaPage claimed that his trial attorney should have introduced the victim’s criminal history to support a claim that she was the first aggressor in the conflict that ended with her homicide.

“In the motion for a new trial, LaPage asserts that trial counsel should have offered evidence of the victim’s past criminal history,” Gaziano wrote. “The defendant does not, however, provide the Court with any specific facts in the victim’s criminal history to demonstrate that she was an initial aggressor …. In this case, the defendant has failed to sustain his burden of demonstrating that the victim initiated specific acts of violence and that these acts of violence would have been admissible at trial.”

LaPage also claimed in his motion for a new trial that his trial attorney should have introduced medical records related to an injury he had suffered 13 years before he murdered Banks on the grounds that they would demonstrate his limited mobility.

“[A]n attempt to rely on the defendant’s alleged lack of mobility would have undermined the defendant’s testimony concerning his ability to walk back and forth between his apartment on the day of the homicide,” Gaziano wrote, citing a 1994 ruling that the “absence of medical records which may have negatively affected [the] defendant’s credibility does not support [an] ineffective assistance of counsel claim.”

LaPage’s appeal before the Massachusetts Appeals Court was stayed while he pursued the new trial motion in Superior Court. Suffolk prosecutors expect to defend his conviction in the Appeals Court as well.

Assistant District Attorney Teresa Anderson of Conley’s Appeals Division argued against the new trial motion. Assistant District Attorney Paul Treseler tried the 2005 case.