2015: Overturned Convictions, Release, & Commonwealth’s Appeal
Convictions overturned
On May 5, 2015, Suffolk Superior Court Justice Carol S. Ball vacated the 1995 convictions of Sean K. Ellis for the 1993 murder and armed robbery of Boston Detective John J. Mulligan, paving the way for a new trial.
Judge Ball affirmed virtually all grounds brought forth by attorney Rosemary Scapicchio in her March 2013 motion for a new trial, finding plentiful evidence that "justice was not done":
READ JUDGE CAROL S. BALL'S RULING TO REVERSE SEAN ELLIS'S CONVICTIONS
“The court concludes that the newly discovered evidence of Detectives Robinson, Brazil, and Acerra’s conflict of interest and the BPD’s failure to follow up on leads implicating third-party suspects is material, credible, and would have been a real factor in the jury’s deliberations in the Commonwealth’s case against Ellis.
Indeed, even without the third-party culprit evidence, in this judge’s opinion, the evidence of Detectives Robinson, Brazil, and Acerra’s bias would have played an important role in the jury’s deliberations. Accordingly, the court concludes that this is a case where justice has not been done.
Therefore, Ellis’s conviction must be reversed and he is entitled to receive a new trial.”
— Judge Carol S. Ball, May 2015 ruling
“Judge orders new new trial for man convicted in '93 murder of Boston cop” By elaine a. murphy, Dorchester Reporter
Commonwealth appeals ruling
The Commonwealth of Massachusetts immediately filed its intention to appeal Judge Ball's ruling.
Should the appeal be denied, prosecutors indicated they would retry Sean Ellis. It would be his fourth trial.
Released on bail
At a subsequent hearing on June 3, 2015, Judge Ball granted Sean’s release on $50,000 bail, with the condition that he wear a GPS ankle monitor.
Sean's mother, Mary "Jacke" Ellis, with daughters Sharday (rear) and Janelle. (Jesse Costa/WBUR)
Emotional reactions followed Judge Ball's decision to grant Sean Ellis bail on May 12, 2015. His mother, Mary "Jackie" Ellis, and attorney Rosemary Scapicchio take questions from the press, below. Photos courtesy of Schuster Institute for Investigative Journalism, Brandeis Univ.
VIDEO: A joyful day in Suffolk Superior Court for Sean Ellis, his family, legal team, and supporters, as he is released on bail after serving more than half his life in prison. Ellis, now 41, has been incarcerated for nearly 22 years. While in prison he became certified as a paralegal and received training as a peer counselor of at-risk youth. He intends to spend time with his family adjusting to civilian life. In this video clip, Sean expresses his gratitude, as does his mother, Jackie Ellis; Sean's appellate attorney, Rosemary Scapicchio, speaks to the waiting press.