District Attorney Michael D. O’Keefe announced today that the Supreme Judicial Court has affirmed the conviction of Alessandro M. Marinho, of Truro. Marinho and a co-defendant, Justin Paretti, were convicted in February, 2010, on a charge of Assault and Battery Causing Serious Bodily Injury. The conviction stemmed from an altercation in Wellfleet, where the defendant and co-defendant fought an individual, breaking his cheek, nose, and orbital bones. The defendant, an undocumented alien, was sentenced to two and a half years in the house of correction, nine months to serve, with the balance suspended. The defendant was not a United States citizen, and he was deported due to this conviction on a crime of “moral turpitude.”
Due to the violent nature of this crime, the defendant was subjected to deportation proceedings by the United States. The defendant alleged in his appeal that trial counsel was ineffective for failing to negotiate a plea that would keep him in the country. The Court held the defendant did not establish that trial counsel was able, in light of the serious nature of this crime, to negotiate a plea that would keep the defendant in the country.
The defendant also alleged the Commonwealth failed to prove the injuries qualified as “serious bodily injury,” that the Court erred in denying the required finding of not guilty, and that the Court erred in denying the motion to dismiss. In affirming Marinho’s conviction, the Supreme Judicial Court rejected all of his arguments that he did not receive a fair trial.
The case was tried by Assistant District Attorney Michael Patterson. The appeal was handled by Assistant District Attorney Elizabeth A. Sweeney