Commonwealth v. Conkey

16 Mass. L. Rptr. 691
CourtMassachusetts Superior Court
DecidedAugust 26, 2003
DocketNo. 9599
StatusPublished

This text of 16 Mass. L. Rptr. 691 (Commonwealth v. Conkey) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Conkey, 16 Mass. L. Rptr. 691 (Mass. Ct. App. 2003).

Opinion

Brassard, J.

On March 26, 2001, after a two-week jury trial, the defendant Craig W. Conkey (“Conkey”) was found guilty of first-degree murder, armed burglary, and armed assault in a dwelling stemming from the beating and strangulation death of Mary Lou Sale (“Sale”) on December 3-4, 1994. This court (Brassard, J.) sentenced Conkey to a prison term of life without parole on the murder conviction, and concurrent terms of eighteen to twenty years on the other two convictions. This matter is before the court on Conkey’s motion for post-conviction relief, in which he requests that this court: (1) grant him funds, pursuant to Mass.R.Crim.P. 30(c)(5), to hire forensic experts to conduct DNA and other testing on two previously-untested pieces of evidence currently in the Commonwealth’s possession; (2) grant him a new trial pursuant to Mass.RCrimP. 30(b); and (3) in the alternative, set aside the verdict pursuant to [692]*692Mass.R.Crim.P. 25(b)(2). For the reasons set forth below, Conkey’s motion is DENIED.

I. BACKGROUND '

In September 1994, Mary Lou Sale, a 49-year-old woman who worked as an accountant, relocated from California to Massachusetts. Sale lived alone in a rented two-story house located at 915 Massachusetts Avenue in Lexington. There was evidence that on the evening of Saturday, December 3, 1994, Sale went up to her second-floor bedroom, put on her pajamas, got into bed, and read until she fell asleep. Sale’s neighbors saw lights on in her house until approximately 9:30 PM. One of Sale’s neighbors was awakened by the sound of breaking glass some time between 11:30 PM and 12:15 AM. After Sale did not show up for work on the following Monday or Tuesday, her boss called the police.

When the police arrived at Sale’s house on the morning of Tuesday, December 6, they noticed that a pane of glass on the back door had been shattered. The police found Sale’s body lying face up on her bedroom floor in a pool of dried blood. There were a number of lacerations on Sale’s head, and a nylon stocking was tightly knotted around her neck. Sale’s body was clothed only in a pajama top that had been ripped open. An autopsy revealed that the cause of Sale’s death was ligature strangulation and blunt force trauma to the head. There was no forensic evidence to suggest that Sale had been sexually assaulted. Sale had been dead for approximately two to three days as of Tuesday, December 6th.

Three human, Caucasian head hairs were recovered from Sale’s pajama top. Two of the hairs were brown and had been naturally shed, while one hair was gray and had been forcibly removed. FBI Special Agent Christopher Hopkins testified that a “forcibly removed” hair is a hair that is not ready to be naturally shed, since it is still actively growing in the scalp. Special Agent Hopkins also testified that there are a number of ways that a hair could be forcibly removed. Special Agent Hopkins acknowledged that he could not ascertain: (1) the amount of force used to remove the hair; (2) whether the hair had been transferred directly or indirectly to Sale’s pajama top; or (3) when the hair had been removed.

Many of Sale’s personal belongings, such as her purse, credit cards, wallet, and certain items of jewelry, were missing from her house and never recovered. The drawers of a small vanity located next to Sale’s bed had been opened, and two rings were lying on the floor. The sliding door to the downstairs closet, where Sale kept her purse, was partially open. The middle drawer of a seven-drawer “highboy” dresser located opposite Sale’s bed was also partially open. This drawer contained underwear, pantyhose, and nylon stockings similar to the nylon stocking used to strangle Sale.

Sale’s landlord, Dr. Laing, was the initial target of the police investigation into Sale’s death. Dr. Laing, who was sixty years old and had reddish orange hair at the time of Sale’s death, lived down the street from Sale at 1024 Massachusetts Avenue. The police interviewed Dr. Laing on December 6, 1994. Dr. Laing told the police that he thought Sale was attractive, and that he had asked her out to dinner a couple of times. Sale declined these invitations from Dr. Laing. Dr. Laing went on to tell the police that on the evening of Saturday, December 3, 1994, he attended a holiday party with his fiancee, Mary McAlaiy (“McAlaiy”). Dr. Laing and McAlary returned to Dr. Laing’s house in Lexington after the party and went to bed around midnight. Dr. Laing told the police that he woke up between 7:00 AM and 8:30 AM the following morning, and that McAlaiy woke up at approximately 10:00 AM.

Dr. Laing made some bizarre and potentially incriminating statements to the police during the course of his interview. Dr. Laing stated that he had been inside Sale’s bedroom during the last week in November 1994 to investigate a water leak at Sale’s request, and that during the course of this visit he opened the middle drawer of the highboy dresser in an effort to move the dresser. The police asked Dr. Laing if there were bras, panties, and nylons in the drawer, and he said that there were. Although the circumstances of Sale’s death had not yet been revealed to the public, Dr. Laing then asked the police, “[w]hy, was she strangled with a nylon stocking?” Dr. Laing also provided the police with conflicting statements with regard to when he had been at Sale’s residence between Friday, December 2 and Tuesday, December 6.

The police searched Dr. Laing’s house pursuant to a search warrant the day after the interview. They found a set of keys to Sale’s house, as well as another set of keys to Dr. Laing’s other rental property, in the pocket of a pair of pants owned by Dr. Laing. The following day, Dr. Laing provided the police with a four-page handwritten note from Sale, dated November 28, 1994, regarding the repairs that Sale had wanted Dr. Laing to perform. There was a small, dark red spot on one page of the note, and initial forensic testing revealed that the substance on the note was blood.

As part of an ongoing neighborhood canvass, the police interviewed Conkey on December 10th and December 17th at the McDonald’s Restaurant in Bed-ford, where he had been working for two years. Conkey told the police that he had never seen Sale around the neighborhood, that he had never been to her home, and that he did not have any information regarding her death. On December 21,1994, the police obtained a faxed copy of Conkey’s fingerprint card, and on December 29, 1994, the police matched a latent fingerprint found on the inside of Sale’s bedroom door to Conkey’s left ring finger.

[693]*693On the evening of December 29, 1994 State Police Trooper Peter Sennott and Lieutenant Steven Corr went to speak with Conkey at his apartment on 855 Massachusetts Avenue in Lexington. Conkey reiterated that he had never met Sale, and he then stated, “I was never in that house, a hundred percent never, I’m sure.” Conkey told the police that he left work early on Saturday, December 3rd because he had injured his hip the day before, and that on the evening of the 3rd he went for a walk in the neighborhood, but that he did not go near Sale’s house. Trooper Sennot then asked Conkey, “Craig, what would you do if we told you that we had something of yours that was found inside [Sale’s house], it’s got you all over it, it’s just like a driver’s license.”

Conkey again denied that he had been inside Sale’s house, and he asked to speak with his landlord. The police overheard Conkey tell his landlord, “They think I did it, I don’t want to tell them that because I’ll get involved.

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Bluebook (online)
16 Mass. L. Rptr. 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-conkey-masssuperct-2003.