The District Attorney has clarified some points about the Philip Chism murder trial. 

Chism is charged with: 

  • Murder (1st degree) (indicted on 11/21/2013)
  • Aggravated Rape – 2 counts
    • (unnatural rape) (indicted as a Youthful Offender on 11/21/2013)
    • (natural rape) (indicted as a Youthful Offender on 1/24/2014)
  • Armed Robbery (indicted as a Youthful Offender on 11/21/2013)

According to Massachusetts General Law, Chapter 119, Section 54, an offender between the ages of 14 and 17 who is charged with a felony offense that caused or threatened to cause serious bodily harm is charged as a Youthful Offender and is subject to state prison sentences.

Massachusetts General Law Chapter 119, Section 74 requires that anyone over the age of 14 who is indicted for murder be tried as an adult.

Penalties Chism will face: 

  • Murder: As a juvenile, the defendant cannot receive a sentence of life without parole as a result of the US Supreme Court decision, Miller v. Alabama and the Massachusetts Supreme Judicial Court’s decision, Commonwealth v. Diatchenko.  In this case, the defendant would be subject to a life sentence with the possibility of parole after 15 to 25 years.
  • Aggravated Rape and Armed Robbery:  These are both felonies that carry a sentence UP TO life in prison.  If a life sentence is imposed, the defendant would be parole eligible after 15 years.

The Judge can impose the sentences to run concurrently or consecutively.

Chism trial timeline:

  • Wednesday, October 6 – Jury selection started.
  • Thursday, October 15 – Judge orders defendant to Worcester for competency evaluation.
  • Wednesday, November 4 – Defendant returns to court and is found competent.
  • Thursday, November 5 – Jury selection resumes.
  • Monday, November 16 – DAY 1 of Trial –  Opening statements, testimony begin.
  • Monday, November 30 – DAY 7 of Trial – Prosecution rests.
  • Tuesday, December 8 – DAY 13 of Trial – Defense rests.  Prosecution rebuttal begins.
  • Wednesday, December 9 – DAY 14 of Trial – Prosecution rests.
  • Monday, December 14 – Closing arguments.  Jury is charged and begins deliberations at 12:45 pm. 
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