Defense lawyer James G. Reardon Jr. said it over and over in Hampden District Court Thursday.
He is concerned the "unique appearance" of his client Caius Veiovis, accused of a
Berkshire triple murder, will keep a jury from giving Veiovis a fair trial.
[...]
Veoivis will be sitting at the defense table while prospective jurors are questioned individually, but Reardon wants to make sure each person notices details sooner rather than after being chosen.
"I don't know what 666 means," Reardon said, saying prospective jurors may have their own theories.
After discussing the matter,
Hampden Superior Court Judge C. Jeffrey Kinder said prospective jurors will be shown a photograph of Veiovis' face that is going to be introduced at trial and then questioned about whether they can remain indifferent.
Kinder started the morning session by asking if there was still the possibility of a resolution of the case — a plea — without going to trial.
Reardon said he has spoken to his client and does not expect negotiations about a plea to continue.
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Reardon said he has received a lot of advice, "mostly unsolicited," on how to deal with Veiovis' appearance.
Veiovis’ co-defendants Adam Lee Hall and David Chalue were each convicted of three counts of murder, three of kidnapping, and three of intimidation of a witness.
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In August 2011, weeks before he was to testify against Adam Lee Hall, David Glasser and his roommate, Edward Frampton, and their friend Robert Chadwell, all of Pittsfield, disappeared. Their dismembered bodies were found in Becket 10 days later.
Prosecutors said Hall, 36, of Peru; Chalue, 46, of North Adams, and Veiovis, 32, of Pittsfield, kidnapped the three victims from Frampton's Pittsfield home sometime in the early hours of Aug. 28, 2011, and fatally shot them.
The cases of the three defendants, which are being heard separately, were moved to Hampden Superior Court by Kinder after defense lawyers said extensive publicity in Berkshire County would prevent a fair jury from being selected.
Reardon filed a last minute motion to change the venue of the trial, citing publicity about Hall and Chalue's trial — particularly the live blogging of
The Republican / Masslive.com and
The Berkshire Eagle.
Kinder denied the motion Thursday.
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Casey was a key prosecution witness at the trials of Hall and Chalue. He testified Hall forced him to help him bury the dismembered remains of the victims.
Berkshire District Attorney David Capeless said he expects to finish the prosecution's presentation of evidence by Sept. 18.
Reardon filed a motion objecting to any reference to Veiovis having an "affilitation" with the Hells Angels.
Capeless said he expects a witness to testify that Hall had referred to Veiovis as a possible prospect for the Hells Angels.
Kinder said that witness will be questioned outside of the jury's hearing before he decides on the motion.
Reardon unsuccessfully sought to have photos of items in Veiovis' apartment kept out of the trial. Photographs include a machete, hatchets, and baseball bats with nails sticking out of them.
No weapons have ever been identified as having been used in the murders, so Reardon said such photos — combined with Veiovis' appearance — would have jurors deciding on his client's character rather than guilt or innocence.
Reardon said he may want to introduce a video recorded statement from Theresa Cunagin, who is now deceased. He said he has not heard it yet, but Capeless said he would give a copy to Reardon.
She is the sister of David Casey and lived next door to Glasser and Frampton, Reardon said.
She was involved in Adam Lee Hall's efforts to frame Glasser for a kidnapping a year before the murders, he said.
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Reardon said, "we don't know how the men (the victims) left the premises," suggesting a woman may have been involved in getting them to open the door or leave the house.
Reardon called it a "great gap" in the kidnappings and murders. There was no evidence of forced entry or a struggle, he said.
Veiovis, prior to taking his current name, was Roy C. Gutfinski Jr.
And it was as Gutfinski that he gained notoriety in Augusta, Maine, in 1999 when he and his girlfriend were put on trial for assaulting a teenage girl in a motel room as part of a ritualistic blood-drinking ceremony.
According to accounts of the trial, a 16-year-old girl testified that Gutfinski and his girlfriend at the time, 17-year-old Deanne Jones, brought her to a hotel room, and Jones used a razor to slice a 7-inch gash in her back.
Police were notified when the girl later showed up at a hospital emergency room for treatment. The gash required more than 30 stitches to close.
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Gutfinski was sentenced to 10 years in jail in 2000, with all but three years of the sentence suspended. He was also given four years probation.
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The kidnapping charges were eventually dropped, but Gutfinski was re-incarcerated in Maine on the probation violation charge.
It is not clear when he was released, or started calling himself Caius Veiovis.
