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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