B4 Metro The Boston Globe TUESDAY, AUGUST 27, 2019
cause of a baby’s death.
The ruling means Macharla,
who was sentenced to life in
prison with the possibility of
parole after 15 years, will likely
serve no more than five years.
Involuntary manslaughter car-
ries no minimum mandatory
sentence and a maximum sen-
tence of 20 years, but the state’s
sentencing guidelines call for
no more than five years in pris-
on.
A new sentencing date has
been scheduled for Sept. 27.
Prosecutors can appeal Fish-
man’s decision to reduce the
conviction. Meghan Kelly, a
spokeswoman for Middlesex
District Attorney Marian Ryan,
declined to comment on the de-
cision.
“We are still reviewing the
decision,” Kelly said.
J.W. Carney Jr., Macharla’s
defense lawyer, said he spoke
with Macharla’s husband, who
said he and his wife were “very
grateful” for the ruling.
“A great judge reflects many
qualities, including the courage
to prevent an injustice,” Carney
said. “Justice Fishman exempli-
fied that courage in concluding
that justice did not support a
verdict of second-degree mur-
der.”
Fishman denied a defense
motion to overturn the convic-
tion and acquit Macharla. Fish-
man agreed there was no evi-
dence that Macharla intended
to hurt the child, noting that
she gave the baby mouth-to-
mouth resuscitation when she
stopped breathing.
“It appears that the defen-
dant had no history of abusive
behavior toward children in the
past but rather was a patient,
considerate, and loving caretak-
er of children,” he wrote. “There
is, however, a child who has
tragically died, coupled with ev-
idence of extraordinary internal
injuries that some experts
would attribute to abusive head
trauma in the form of a shaking
and/or a blow.”uMACHARLA
Continued from Page AFishman’s decision followed
competing motions from prose-
cutors and the defense over the
verdict. The defense said the
verdict should be overturned in
part because medical experts
agreed the bleeding in the
child’s brain was due to a pro-
longed period without oxygen.
The defense also cited the testi-
mony of biomechanical engi-
neers, who disputed that a per-
son has the strength to shake
an infant with enough force to
cause bleeding inside the brain
and retinal hemorrhaging.
Doctors for prosecutors
were dismissive of this science,
Carney argued.
“Their responses ranged
from disdain to... admitting
their ignorance on the topic,”
Carney wrote in his motion.
Prosecutors countered that
defense experts “cherry-picked
which findings to consider in
reaching their opinions, testi-
fied beyond their area of spe-
cialty... and created histories
to fit their theory.” By contrast,
the doctors who testified forthem were currently practicing
in the field of pediatric care,
they said.
“Through clinical examina-
tion, imaging and pathology ex-
amination, they determined
that Ridhima was a victim of in-
flicted head trauma that caused
her to go into respiratory arrest
and then, consequently, cardiac
arrest,” wrote Katharine B.
Folger, the assistant district at-
torney who prosecuted the
case.
If prosecutors appeal the
case, it will go before the state
Appeals Court and possibly the
Supreme Judicial Court. The
defense could also appeal the
ruling and argue for a full ac-
quittal. Carney said on Monday
that it is “premature” to consid-
er that option.
Fishman’s decision had
striking similarities to a 1997
ruling by the judge in the case
of Louise Woodward, the Brit-
ish nanny who was accused of
shaking 8-month-old Matthew
Eappen to death. After a jury
convicted Woodward, then 18,of second-degree murder, the
judge reduced the conviction to
involuntary manslaughter and
sentenced the au pair to time
served — 297 days. That judge
also argued that an involuntary
manslaughter conviction was
more “consonant with justice.”
The SJC narrowly upheld
the decision in the Woodward
case and she returned to Eng-
land a free woman. She has
since married and had a child.
Fishman said in his 16 years
on the bench, he had never re-
duced a verdict in any criminal
case.
“There is no doubt that the
jury... was a serious and atten-
tive group,” he wrote. ‘Never-
theless... this court is acutely
aware of its responsibility to ex-
ercise the judgment to reduce
the verdict in those rare in-
stances when the verdict ren-
dered is not consonant with jus-
tice.”Maria Cramer can be reached
at [email protected]. Follow
her on Twitter @globemcramer.Judge reduces baby sitter’s conviction
JOSH REYNOLDS FOR THE BOSTON GLOBE/FILE 2019
Judge Kenneth Fishman set a new sentencing date for Pallavi Macharla (second right), for
Sept. 27. Fishman said he had never reduced a verdict in a criminal case.murder and other charges. He
was ordered held without bail.
Relatives of Davis and Maloney
were in court during his 10-
minute court appearance. The
relatives declined comment.
“These two defendants fired
at each other. Henry shattered
Davis’s femur. Davis struck
Henry in the arm,” Rollins said
at a news conference after the
arraignment. “Their callous
disregard of community and
anyone else but themselves re-
sulted in a beautiful 74-year-
uSLAYING
Continued from Page B
old woman being robbed of her
life. Eleanor Maloney... had
nothing to do with initiating
this gun battle.”
She added: “I really do be-
lieve this woman was robbed of
her life. This is not a loss of life,
it’s a robbery.”
While authorities say they
now know who participated in
the gunfight, they also said that
one key issue will never be
clearly answered: Who killed
Maloney?
King said in court Monday,
“The bullet that caused Ms.
Maloney’s death also exited herbody. Thus it is not clear which
man fired the fatal shot.’’
Rollins cited a Boston Globe
profile of Maloney that de-
scribed her as the heart of her
sprawling family, a popular fig-
ure in her neighborhood where
she hosted barbecues open to
all, and a caring operating
room assistant at BMC.
What the men argued about
is not known to law enforce-
ment. But according to King
and court records, Henry and
three other men were in a car
when they encountered Davis.
And once the gun battle began
and Henry was wounded, a
passenger in the car, Chinonso
Nwosu, allegedly helped Henry
to safety.
Nwosu also allegedly took
the 9mm handgun that Henry
allegedly used during the gun
battle and hid it in a nearby
yard under leaves and a plasticbag. But Boston police, whom
King said have been “dogged”
in their homicide investigation,
recovered that weapon the
night of the shooting.
The .45-caliber gun has not
been found.
The fourth man facing
charges was identified by Roll-
ins’s office as Khamal Watson,
who allegedly misled Boston
police by lying to them about
the total number of people in
Henry’s car when the shooting
began. Watson allegedly first
told police only three people
were in the car, but later ac-
knowledged to police there
were four people and that
Nwosu was the fourth person,
according to court records.
Nwosu and Watson have
both pleaded not guilty to a sin-
gle count of misleading police
last month in Suffolk Superior
Court. Watson was released onhis own recognizance. Nwosu
is currently in custody, records
show.
Henry was initially charged
in Dorchester Municipal Court
with manslaughter and has
pleaded not guilty, but will now
face a first-degree murder
charge in Suffolk Superior
Court, according to King. Hen-ry, who had no prior criminal
record, is being held on $1 mil-
lion cash bail.
Rollins said that the family
of Maloney and Davis have
been devastated by the events
outside the home where they
both lived. “The family, justifi-
ably, is torn,” she said. “They
lost a loved one and someone
they love is charged with that
crime.”
Davis wore a gray, hooded
sweatshirt to court and mostly
averted his eyes from the
clutch of relatives sitting across
from him. But as he was being
led out of the court, he raised
his handcuffed hands and
briefly waved in their direc-
tion.John R. Ellement can be
reached at
[email protected]. Follow
him on Twitter @JREbosglobe.Man arraigned over gun battle that killed grandmother
FAITH NINIVAGGI/POOL
Suffolk District Attorney Rachael Rollins said the defendants’ “callous disregard of community and anyone else but
themselves resulted in a beautiful 74-year-old woman being robbed of her life.”‘Thefamily,
justifiably,istorn.
Theylostaloved
oneandsomeone
theyloveis
chargedwiththat
crime.’
SUFFOLK DISTRICT
ATTORNEY RACHAEL
ROLLINSLooking
for a new
career?
Looking
for a new
car?
Find it
here.
You’ll find it
in our new
weekday
classified
section.In print
and online
at Boston.
comThe one
place to
look.notices
&more
boston.com/classifiedsLEGAL NOTICES LEGAL NOTICES
LEGAL NOTICES
LEGAL NOTICES
CiLegal Noticety ofNewton
Thursday, September 5, 2019
Public hearings will be held
on Thursday, September5, 2019 at 7:00 PM, sec-
ond floor, Newton City Hallbefore the Land Use Com-
mittee of the Newton CitCouncil for the purpose oyf
hearing the following peti-
tion at which time all par-ties interested in the items
shall be heard. Notice willbe published Tuesday, Au-
gust 20, 2019 and Tuesday,August 27, 2019 in The
Boston Globe and Wednes-day, August 28, 2019 in the
Newton Tab, with a copposted on the city’s websitey
at http://www.newtonma.gov andin a conspicuous place at
Newton City Hall.
#256-19 Petition to extend
nonconforming front setbackat 2 Thaxter Road
KEN THORNBY petition for aSPECIAL PERMIT/SITE PLAN
APPROVAL to construct dor-
mers on each side of the sec-ond floor, vertically extending
the non-conforming frontsetback at 2 Thaxter Road,
Ward 1, Newtonville, on land
known as Section 21 Block 04Lot 14, containing approxi-
mately 4,952 sq. ft. of land ina district zoned SINGLE RESI-
DENCE 2. Ref: 7.3, 7.4, 3.1.3,
7.8.2.C.2 of Chapter 30 of theCity of Newton Rev Zoning
Ord, 2017.
#257-19 Amended Petition to
allow attached dwelling unitsat 956 Walnut Street
956 WALNUT STREET, LLC.petition for SPECIAL PER-
MIT/SITE PLAN APPROVAL
to raze the existing single-family dwelling and construct
seven single-family attacheddwellings in two buildings, to
reduce the frontage require-
ment, to reduce the sidesetback requirement, to al-
low three-stories, to exceedmaximum lot coverage, to
allow a retaining wall greaterthan 4’ in the setback and to
allow a driveway in the sidesetback at 956 Walnut Street,
Ward 6, Newton Highlands,
on land known as Section62 Block 04 Lot 05, contain-
ing approximately 32,274 sq.ft. of land in a district zoned
MULTI RESIDENCE 1. Ref: Sec.
7.3.3, 7.4, 3.4.1, 3.2.4, 5.4.2.B,6.2.3.B.2 of Chapter 30 of the
City of Newton Rev ZoninOrd, 2017. g
#258-19 Petition to extendnonconforming FAR at 11
Canterbury RoadRICHARD AND YOKO BRYDEN
petition for SPECIAL PERMIT/
SITE PLAN APPROVAL toextend the existing noncon-
forming FAR by replacing anexisting one-story addition
with a two-story addition,
creating an FAR of .64 where.51 exists and .46 is allowed
at 11 Canterbury Road, Ward5, Newton Highlands, on
land known as Section 54
Block 45 Lot 14, containingapproximately 4,325 sq. ft.
in a district zoned SINGLEDRESIDENCE 2. Ref: 7.3.3, 7.4,
3.1.9, 7.8.2.C.2, of the City
of Newton Rev Zoning Ord, 2017.
#259-19 Petition to allow at-tached dwelling units at 264
Pearl StreetBENEDETTO CAIRA, TRUSTEE
petition for SPECIAL PERMIT/SITE PLAN APPROVAL to al-
low construction of three
single-family attached dwell-ing units, to allow a reduction
in the required side setbacks,to allow a reduction in the
required frontage, to allow
a reduction in the requiredlot area, to allow a driveway
within 10’ of a side lot lineand to allow retaining walls
great than four feet within asetback at 264 Pearl Street,
Ward 1, Newton, on landknown as Section 11 Block
14 Lot 10, containing ap-
proximately 14,608 sq. ft.of land in a district zoned
MULTI RESIDENCE 2. Ref: Sec.7.3.3, 7.4, 3.4.1, 3.2.4, 5.4.2.B,
6.2.3.B.2 of Chapter 30 of the
City of Newton Rev ZoningOrd, 2017.
#260-19 Petition to extendnon-conforming front set-
back at 28 Wade StreetPETER W. TSE petition for
SPECIAL PERMIT/SITE PLANAPPROVAL to further extend
the existing non-conforming
front setback on Wade Street,creating a new front setback
of 14.7’ where 14.9’ exists aswell as to further extend the
existing non-conforming front
setback on Hersey Street,creating a new front setback
of 14.8’ where 14.7’ existsand to allow parking in the
front setback and within 5’
of a street at 28 Wade Street,Ward 5, Newton Highlands,
on land known as Section 83Block 01 Lot 01, containing
approximately 4,587 sq. ft. of
land in a district zoned SIN-GLE RESIDENCE 3. Ref: 7.3.3,
7.4, 3.1.3, 7.8.2.C.2, 5.1.7.A,5.1.13 of Chapter 30 of the
City of Newton Rev Zoning
Ord, 2017.
#261-19 Petition to allow ga-rage greater than 700 sq. ft.
and dormer at 213-215 Lan-
gley RoadBILL TRASK AND BRENDA
MARCH petition for SPECIALPERMIT/SITE PLAN APPROV-
AL to construct a 484 sq. ft.detached two-car garage and
construct a dormer on thenew structure greater than
50% of the wall plan below
and closer than 3’ to theend wall, where one garage
exists, creating more than700 sq. ft. of garage space
at 213-215 Langley Road,
Ward 6, Newton Centre, onland known as Section 65
Block 19 Lot 39, containingapproximately 7,240 sq. ft. of
land in a district zoned MULTI
RESIDENCE 1. Ref: Sec. 7.3.3,7.4, 1.5.4.G.2.b, 1.5.4.G.2.c,
3.4.2.B of the City of NewtonRev Zoning Ord, 2017.
#262-19 Petition to allowmore than one garage at 333
Otis StreetNATHANIEL K AND LAURA
FOOTE petition for SPECIAL
PERMIT/SITE PLAN APPROV-AL to amend Special Permit
Board Order #63-99 to con-struct a 329 sq. ft. one-car
attached garage where a
three-car garage exists, cre-ating private garage space
greater than 700 sq. ft., morethan one garage and a pri-
vate garage for more than
three vehicles at 333 OtisStreet, Ward 3, West Newton,
on land known as Section 32Block 03 Lot 13, containing
approximately 24,547 sq. ft.
of land in a district zoned SIN-GLE RESIDENCE 2. Ref: Sec.
7.3.3, 7.4, 3.4.2.B.1 of Chap-ter 30 of the City of Newton
Rev Zoning Ord, 2017.
#264-19 Petition to amendSpecial Permit Board Order
#479-14 at 29 Kewadin Road
DAN AND BRENDA KOSTYpetition for SPECIAL PER-K
MIT/SITE PLAN APPROVAL toamend Special Permit Board
Order #479-14 to allow modi-
fications to the approved siteplan at 29 Kewadin Road,
Ward 5, Waban, on landknown as Section 55 Block
51 Lot 9, containing approxi-
mately 13,400 sq. ft. of landin a district zoned SINGLE
RESIDENCE 2. Ref: Sec. 7.3,7.4 of the City of Newton Rev
Zoning Ord, 2017.
You may call the City Council***
Office at 617-796-1210 forinformation.The City of Lebanon, NH seeks a qualified and capable developer to propose
and complete the redevelopment of a City-owned parcel located at 20 Spencer
Street within Downtown Lebanon. The City seeks a developer who will create
a place that residents and visitors can enjoy, and which supports Downtown
Lebanon by creating an attractive, vibrant focal point for the community. The
redevelopment would include a residential and/or mixed-use development to
support the City’s goals for high-performing facilities, contribute taxable value,
and reflect the overall character and vibrancy of Downtown Lebanon.
A copy of the complete Request for Proposals (RFP), with supporting docu-
ments and information, is available through the City website (LebanonNH.gov/
SpencerStreet). Interested parties should respond to this RFP on or before the
time due for submission. Women-owned and minority-owned firms are en-
couraged to participate.
Proposals must be received no later than1:00 PM on Friday, November
15, 2019to be eligible for consideration. Proposals must be submitted in two
(2) hard copies and one (1) electronic copy (.PDF or other general use format)
addressed to David Brooks, Department of Planning & Zoning, 51 North Park
St., Lebanon, NH 03766. Proposals shall be submitted in a sealed envelope
clearly marked “Request for Proposals - 20 Spencer Street”.
The Request for Proposals can be obtained at the above address or on the City
of Lebanon Website (LebanonNH.gov/bids). Questions about the RFP should
be directed to David Brooks, Director of Planning & Zoning, at (603) 448-
or [email protected].REQUEST FOR PROPOSALS
CITY OF LEBANON, NH
REDEVELOPMENT OF
20 SPENCER STREET, LEBANON, NHCiLegal Noticety ofNewton
Wednesday, September11, 2019
Public hearings will be held
on Wednesday, September11, 2019 at 7:00 PM, sec-
ond floor, Newton City Hallbefore the Land Use Com-
mittee of the Newton CitCouncil for the purpose oyf
hearing the following peti-tion at which time all par-
ties interested in the itemsshall be heard. Notice will
be published Tuesday, Au-gust 27, 2019 and Tuesday,
September 3, 2019 in TheBoston Globe and Wednes-
day, September 4, 2019 inthe Newton Tab, with a copy
posted on the city’s websiteat http://www.newtonma.gov and
in a conspicuous place at
Newton City Hall.
#263-19 Petition to furtherextend nonconforming three-
story at 28 East BoulevardRoad
SHIRA AND MICHAEL FISH-MAN petition for SPECIAL
PERMIT/SITE PLAN APPROV-AL to further extend the
nonconforming three-story
dwelling by razing an exist-ing deck and constructing
a three-story side additionat 28 East Boulevard Road,
Ward 7, Newton Centre, onland known as Section 73
Block 33 Lot 32, containingapproximately 11,301 sq. ft.
of land in a district zoned SIN-
GLE RESIDENCE 2. Ref: 7.3.3,7.4, 3.1.3, 7.8.2.C.2 of Chap-
ter 30 of the City of NewtonRev Zoning Ord, 2017.#265-19 Petition to allowmulti-family dwelling unit at
12-14 Middle Street
12-14 MIDDLE STREET, LLC.petition for SPECIAL PERMIT/
SITE PLANAPPROVAL to allowa multi-family dwelling with
three units, further extending
the nonconforming frontageand to allow a retaining wall
greater than four feet withina setback at 12-14 Middle
Street, Ward 1, Newton, onland known as Section 12
Block 1 Lot 13, containing ap-proximately 12,611 sq. ft. of
land in a district zoned MULTI
RESIDENCE 2. Ref: Sec. 7.3.3,7.4, 3.2.6, 7.8.2.C.2, 5.4.2,
3.4.2.B of Chapter 30 of theCity of Newton Rev Zoning
Ord, 2017. ***
You may call the City CouncilOffice at 617-796-1210 for
information.Notice is hereby given that the United States DepartmentNOTICE OF SEIZURE AND INTENT TO FORFEIT
of the Interior is hereby commencing a forfeiture proceed-ing against the following items of wildlife or wildlife prod-
ucts, which were seized in the Boston area of Massachu-
setts on the dates indicated because they were involvedin one or more violations of any of the following laws:
Endangered Species Act, Title 16 U.S.C. Sec. 1538, the Ma-
rine Mammal Protection Act, 11 U.S.C. Sec. 1371-1372, theLacey Act, 16 U.S.C. Sec. 3372, Wild Bird Conservation Act,
16 U.S.C. Sec. 4901-4916, or the African Elephant Conserva-
tion Act, 16 U.S.C. Sec. 4221-4245. These items are subjectto forfeiture to the United States under Title 16, U.S.C. Sec.
1540(e), 16 U.S.C. Sec. 1377, or 16 U.S.C. Sec. 3374 and Title
50 Code of Federal Regulations, Section 12.23. Any personwith an ownership or financial interest in said items who
desires to claim them must file a claim with the U.S. Fishand Wildlife Service, Office of Law Enforcement, 70 Everett
Avenue, Suite 315 Chelsea, MA 02150; Telephone 617-889-
- Such claim must be received by the above office by10/01/2019. The claim will be transmitted to the U.S. At-
torney for institution of a forfeiture action in U.S. District
Court. If a proper claim is not received by the above of-fice by such date, the items will be declared forfeited to
the United States and disposed of according to law. Any
person who has an interest in the items may also file withthe above office a petition for remission of forfeiture in ac-
cordance with Title 50, Code of Federal Regulations, Sec-
tion 12.24, which petition must be received in such officebefore disposition of the items. Storage costs may also be
assessed.INV # SEIZURE DATE VALUE
2019502351 05/06/2019 $
Three hundred twenty-five (325) vialsITEMS SEIZED
of medicine containing snake (Serpentes sp.)
CITY OF BOSTON
TREE REMOVAL HEARING81 Chestnut Hill Avenue
in Brighton
In accordance with M.G.L.Chapter 87, the City of
Boston will hold a publichearing on the request to
remove one maple treethat 6” in diameter at chest
height located at 81 Chest-nut Hill Avenue in Brighton.
The hearing will be held atthe Boston Parks and Rec-
reation Department, 1010Massachusetts Avenue, 3rd
floor, on Thursday, Septem-ber 5, 2019 at 10:00 am.
Public testimony will betaken at the hearing or may
be provided prior to thehearing in writing to parks@
boston.gov, or the aboveaddress.LEGAL NOTICE OF COURT
Higgins, PlaintiffPROCEEDINGS
Verizon of New England,V
Inc.
United States District CourtDistrict of Massachusetts,
File # 8-12092Boston
8/14/
Plaintiff claims defendent,United States Government
Officals with collision in
above named trial.