No New Trial in ’01 Murder During Dorchester Home Invasion

BOSTON, Feb. 19, 2016— An appellate court ruled today that a Dorchester man will not receive a new trial for his role in the stabbing death of Joel Turner during a 2001 home invasion – and for another drug-related robbery he committed at the same address three weeks earlier, Suffolk County District Attorney Daniel F. Conley said.

RYAN CONWAY (D.O.B. 8/20/78) pleaded guilty in 2003 to one count of second-degree murder, four counts of home invasion, and six counts of armed assault in a dwelling.  In an unpublished decision issued today, the Massachusetts Appeals Court affirmed lower court denials of his motions to withdraw those pleas and seek a new trial.  Conway is currently serving a life sentence with the possibility of parole after 15 years, plus concurrent sentences totaling 20 to 22 years, for the Jan. 31, 2001, home invasion in which Turner was killed and an additional home invasion at the same address weeks earlier.

In his latest appeal, Conway argued that his plea was not voluntarily or intelligently made, claiming that he suffered from Attention Deficit Disorder, prior head injuries, and low intelligence and that he was coerced into pleading guilty by his attorney.  After “an independent review of the record, including documentary evidence submitted by the defendant,” the justices of the Appeals Court agreed with a lower court judge, who had previously denied Conway’s motion after holding a hearing.

“As the judge stated, the evidence against the defendant was overwhelming and, as a result, he was facing the prospect of a life sentence without the possibility of parole. Thus, pleading guilty to second degree murder was a rational decision, one that demonstrates that the defendant was acting in his own best interests and not that he had been coerced,” the justices wrote.

The panel additionally found no merit to Conway’s argument that he received ineffective assistance from his attorneys during his plea and sentencing, as well as his claims that he did not commit the crimes to which he admitted guilt.

“The defendant’s claim of actual innocence rests on his argument that facts – to which he agreed at the plea colloquy – were false. However, he has failed to identify which statements were untrue,” the justices stated.

Conway was one of three men who forced their way into a Columbia Road apartment while masked and armed with a firearm on Jan. 6, 2001.  During that incident, the men stole cash, drugs, and other items.  Less than a month later, on Jan. 31, Conway and two men again broke into the same apartment while a getaway driver waited on them.  This time, Conway was armed with a “Rambo-style” knife that he used to force open the building’s front door, the evidence showed.  During the home invasion, Conway and DAVID O’DONNELL (D.O.B. 12/2/83) became involved in a physical altercation with Turner, who was inside one of the apartment’s bedrooms.  Turner suffered two stab wounds to the chest during that altercation and died of his injuries.

O’Donnell was acquitted at trial.  Co-defendants MICHAEL BUCKLEY (D.O.B. 2/12/82) and JOHN GEORGE (D.O.B. 2/12/82) each pleaded guilty to manslaughter.

Assistant District Attorney Helle Sachse of the DA’s Appellate Unit argued the case on appeal.  Conway was represented on appeal by Rosemary Scappicchio and Jillian McDonough.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.