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The Boston Globe

Metro

Justice accused of abuse of power in murder case

Lawyer in state probation case seeks new judge

Paul F. Ware, the lawyer who led the investigation into patron­age in the Probation Depart­ment, is accusing the state’s top administrative judge of abusing his powers in a homi­cide case in which Ware is the defense attorney, deliberately delaying rulings that might give Louis R. Costa a new trial.

Ware will ask a justice of the Supreme Judicial Court next month to order Chief Justice Robert A. Mulligan to remove himself from Costa’s case and allow another judge to determine whether Costa deserves a new trial in the 1986 slayings of two men in the North End. Other­wise, Ware warns in his request for a hearing before the state’s top court, Mulligan could keep Costa in a “legal deep freeze” indefinitely, ­despite new evidence that could exonerate him.

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