Press Release  SJC Upholds Domestic Murder Conviction

Boston, Massachusetts — The Massachusetts Supreme Judicial Court ruled yesterday upheld the first degree murder conviction of a man who killed his wife in their Haverhill apartment in 2010.  The Court ruled for the first time that a text message sent by the victim to her son qualifies as an “excited utterance” and is therefore admissible. 

In March of 2012, Craig Mulgrave was convicted of first degree murder in the stabbing death of his wife Christina Mulgrave in their Chestnut Street apartment on February 9, 2010.  On appeal, the defendant argued that a text message the victim sent to her son stating that her husband was threatening to kill her should not have been introduced as evidence.   

The Commonwealth argued that the text message was an “excited utterance” which is a “spontaneous” statement made in response to a “startling” event and not a comment based on reflective thought.  This type of statement is exempt from the hearsay rule which bars statements made outside of court to be used as evidence.

Typically written statements are not considered “excited utterances” given the time and reflection it requires to write a message.  However, the Supreme Judicial Court writes in its decision that a text message is “often a substitute for oral expression” and in this circumstance meets the requirement for an “excited utterance.”

In the March 2012 trial, Essex Assistant District Attorney Melissa Woodard introduced evidence that proved that Craig Mulgrave, then 33, killed his wife, Christina Mulgrave, 45.  Christina texted her son at approximately 3:03 pm on February 9, 2010 stating that her husband Craig was threatening to kill her and if “I pick up the phone he will kill me.”  Six minutes later, Christina made a frantic 911 call reporting that her husband was stabbing her.  Haverhill police arrived within 2 minutes of the call and found Christina barely breathing in a pool of blood.  Police found Craig Mulgrave in the apartment, covered in blood and holding a knife.

The jury rejected the defense claim that the defendant’s depression and alcohol or drug use deprived him of the mental state required to commit first degree murder.

Essex ADA Kate MacDougall second seated ADA Woodard and the Victim Advocate was Kathy Draper.  ADA David O’Sullivan represented the Commonwealth before the SJC.  Attorneys Robert S. Sinsheimer and Lisa Parlagreco represented the defendant on appeal.

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