Michelle Carter, 21,was sentenced to 15 months in jailafter the 2014 suicide of 18-year-old Conrad Roy III, whodied in his pickup truck from carbon monoxide poisoning— an act that prosecutors said Carter, then 17, supported and encouraged in a series of texts and conversations that came to light after Roy’s death.
Roy Family
“She [instructed] Mr. Roy to get back into the truck, well-knowing of all of the feelings that he [had] exchanged with her: his ambiguities, his fears, his concerns,” Moniz said.
The judge added: “She did nothing. She did not call the police or Mr. Roy’s family. Finally, she did not issue a simple additional instruction [to Roy]: ‘Get out of the truck.'”
Carter’s appeal discusses Moniz’s statements. “Because the judge convicted Carter for what she said, or failed to say, not what she did, this case implicates free speech under the First Amendment and art,” her attorneys wrote.
“Carter’s words encouraging Roy’s suicide, however distasteful to this Court, were protected speech,” her attorneys added.
The appeal reignitesthe debateabout whether someone could legally be found guilty of a crime in this case if they weren’t on the scene.
If Carter’s conviction is allowed to stand, “Massachusetts would be the only state to uphold an involuntary manslaughter conviction where an absent defendant, with words alone, encouraged another person to commit suicide,” her attorneys wrote.
Prosecutors ‘Cherry-Picked’ Texts, Says Defense
The appeal further argues that prosecutors“cherry-picked”texts to portray Carter’s interactions with Roy, highlighting only those that served their case against her.
Matt West/The Boston Herald/AP
Carter has remained free on bail pending the outcome of the appeal.
Her lawyers contend that texts purportedly showing Carter’s compassion toward her friend were never presented as evidence. One such message reads: “I’m not giving up on you, it’s just every time I try to help you don’t listen.”
She also advised him to seek professional help in a number of messages, including one that reads, “You aren’t gonna get better on your own … you need professional help …”
The defense filing argues Carter herself needed help with an eating disorder, and texted Roy, “… we can go together so we will be there for each other.”
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“It was Roy, not Carter, who researched the idea, developed the details, obtained the necessary equipment, picked the spot to park his truck, and put his fatal plan in motion,” the appeal states.
The Supreme Judicial Court has agreed to consider the appeal.
Carter’s defense team has previously indicated they will take the case to federal court if it isn’t overturned at the state level.
Prosecutors said Carter and Roy exchanged more than 1,000 texts in the week prior to Roy’s death.
Among those were ones from her that stated: “You always say you’re gonna do it, but you never do. I just want to make sure tonight is the real thing,” “You just have to do it” and “It’s painless and quick.”
source: people.com
