JUDGE ORDERS NEW TRIAL FOR BEVERLY OFFICER May 6, 2008 A Peabody District Court judge today ordered a new trial for a Beverly Police officer after Suffolk prosecutors provided his attorney with additional evidence that was unknown to either party at the time of his trial. In a ruling made from the bench today, Judge Robert Brennan expressly found “no evidence of malfeasance” by Suffolk prosecutors, who tried the Essex County case because defendant STUART MERRY, 41, was a member of the local law enforcement community. Merry was convicted of motor vehicle homicide on March 20 after a three-day jury trial. Prosecutors established that he was operating negligently when he crashed his department cruiser into a parked car occupied by 61-year-old Bonney Burns on the morning of Jan. 20, 2007. In April, Suffolk prosecutors became aware of an opinion held by a member of the State Police Collision Analysis and Reconstruction Section on the origin of a crack in Merry’s windshield – an opinion of which they had not been aware. After confirming that opinion with the trooper, prosecutors notified defense attorney Neil Rossman, who moved for a new trial. Merry, who received probation and a fine, was at liberty throughout the post-trial developments. Suffolk prosecutors are prepared to re-try the case and will return to court on June 23 to set a new trial date. Return to the Press Releases page.