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DIATCHENKO v. DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT

SJC-11453

466 Mass. 655 (2013)

GREGORY DIATCHENKO v. DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 24, 2013.

Attorney(s) appearing for the Case

Benjamin H. Keehn , Committee for Public Counsel Services, for the petitioner.

John P. Zanini , Assistant District Attorney, for District Attorney for the Suffolk District.

Amy L. Karangekis , Assistant Attorney General, for chair of the Massachusetts Parole Board & another.

The following submitted briefs for amici curiae:

Timothy J. Cruz , District Attorney, & Robert C. Thompson , Assistant District Attorney, for District Attorney for the Plymouth District.

Annie L. Owens , of the District of Columbia, & Emily R. Schulman for Massachusetts Association of Criminal Defense Lawyers & others.

David J. Apfel & Kunal Pasricha for American Civil Liberties Union of Massachusetts & others.

Kenneth J. Parsigian , Steven J. Pacini , & Amy E. Feinman for Citizens for Juvenile Justice & others.

John J. Barter for Herby J. Caillot.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

SPINA, J.

On the evening of May 9, 1981, Gregory Diatchenko, who was seventeen years old at the time, stabbed Thomas Wharf nine times as Wharf sat in his red Cadillac automobile near Kenmore Square in Boston. Wharf was pronounced dead at 10:40 P.M. A Superior Court jury convicted Diatchenko of murder in the first degree on theories of deliberate premeditation, extreme atrocity or cruelty, and felony-murder (armed robbery). He was sentenced to a mandatory term of life...

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