SJC Affirms First-Degree Conviction in DV Murder

BOSTON, July 16, 2013—The state’s highest court today affirmed the first-degree murder conviction of a Dorchester man in the 2006 stabbing death of his wife, 38-year-old Sandra Reavis, Suffolk County District Attorney Daniel F. Conley said today.

The Supreme Judicial Court today struck down an appeal by NILE J. REAVIS (D.O.B. 10/12/65), who is currently serving life in prison with no possibility of parole after his 2008 conviction.  In those proceedings, Conley’s office proved that Nile Reavis stabbed his wife in the chest on Nov. 2, 2006, puncturing her heart and killing her, as she lay on the living room floor attempting to fall asleep next to two of her five children.  Prosecutors also showed that he had earlier told a friend of the victim that she might never see the victim again.

On appeal, the defendant claimed that his defense attorney had been ineffective by failing to negotiate a plea to second-degree murder, which carries a sentence of life in prison with the possibility of parole after 15 years.  In a decision written by Justice Barbara Lenk, the court affirmed a lower court’s finding that Reavis’ trial counsel did in fact make several attempts to negotiate a plea, but that prosecutors were unwilling to reduce the charge in light of the facts of the case.

“This was a deliberately premeditated domestic violence murder,” Conley said. “It was committed in the presence of two of the victim’s children. It was not a candidate for negotiation.”

Reavis also argued that the testimony of a substitute medical examiner was erroneously admitted at trial.  The medical examiner who performed an autopsy on the victim in 2006 was no longer working for the medical examiner’s office and had moved out of state at the time of the trial, making her unavailable to testify.  The trial judge allowed the more limited expert testimony of another medical examiner instead – a decision to which defense counsel had no objections at trial.  The justices struck down Reavis’ argument that the original medical examiner could still be made available to testify.

“A substitute medical examiner who testifies in such circumstances is available for cross-examination as to any opinions he or she offers at trial,” Lenk wrote. “We have never stated that a substitute medical examiner may not testify to his or her own opinions unless the medical examiner who performed the autopsy is shown to be unavailable, nor is there any rule of criminal procedure setting forth such a requirement.”

The justices ruled that portions of the substitute medical examiner’s testimony regarding the nature of the victim’s injuries should not have been allowed at trial, but the error created no substantial risk of a miscarriage of justice, as the testimony was cumulative of other evidence and testimony that was admissible.

The justices also ruled that the trial judge did not err in denying a motion by the defense to question potential jurors individually regarding their ability to remain impartial in a case that involves allegations of domestic violence.

“The defendant has not indicated, nor does the record suggest, that any of the jurors selected were not fair and impartial,” the justices noted.

Conley urged victims of any crime, including domestic violence, to call 911 in an emergency. SafeLink, a statewide DV hotline, can be reached at 877-785-2020. SafeLink is answered by trained advocates 24 hours a day in English, Spanish, and Portuguese, as well as TTY at 877-521-2601. It also has the capacity to provide multilingual translation in more than 140 languages.

“If you or someone you care about is in an abusive relationship, help is available day or night,” Conley said.

Assistant District Attorney Zachary Hillman of the DA’s Appeals Division argued the case on appeal.  Reavis was represented by Willie J. Davis.

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