BOSTON (CBS) – A Boston court is considering a piece of evidence that could tip the scales in a second trial over a quadruple murder in Mattapan.
Marcus Hurd, the only survivor of the 2010 shootings that left four people dead, had been unable to identify the shooter in the original trial. Now, he says he recognizes the man who pulled the trigger as Dwayne Moore.
WBZ NewsRadio 1030′s Doug Cope reports
Detective Paul Donlon told a judge on Tuesday that he talked with Hurd this summer.
“At one point he said, ‘I know you guys don’t like it when a witness chances their testimony, but I recognized the guy in court.’ And I said ‘what?’ He said ‘I recognized the guy who shot me, the shooter in court,’” Donlon testified.
Two other detectives and a victim’s advocate all testified that Hurd told them the same.
Tuesday’s hearing in Suffolk Superior Court was a response to a motion by Moore’s attorney to have the evidence suppressed.
Moore, whose first trial ended in a hung jury, is scheduled to be tried again next month.
The judge will wait to make decision on the motion until Hurd, who is confined to a wheelchair, testifies later in the week.