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Judge to allow Mattapan victim’s testimony at retrial

Mattapan shooting victim Marcus Hurd testified at the quadruple murder trial in March.

Wendy Maeda/Globe Staff/File

Mattapan shooting victim Marcus Hurd testified at the quadruple murder trial in March.

A Suffolk Superior Court judge has ruled that Marcus Hurd, the man wounded in the 2010 Mattapan quadruple slaying, can testify that he now recognizes Dwayne Moore as one of the gun-wielding men in the horrific attack.

Judge Jeffrey Locke said prosecutors are “entitled to elicit the identification,” noting that the jury in Moore’s retrial will evaluate Hurd’s testimony after what is is likely to be “vigorous cross examination and impeachment” by defense attorneys who will highlight the difference between Hurd’s current and previous statements.

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Hurd was shot in the head and left a quadriplegic, while four others, including a mother and her toddler son, died on Sept. 28, 2010. Hurd testified at the first trial earlier this year that he could not identfiy the shooters. A jury was unable to reach a verdict against Moore.

But Hurd now says he recognized Moore, and Hurd testified at an evidentiary hearing that he had been trying to stick to the street code of silence when he said he didn’t recognize Moore.

Moore’s attorneys sought to prevent Hurd from identifying Moore, saying Hurd’s testimony was “unreliable and the product of unnecessarily suggestive procedures by the police,” Locke said.

But Locke said the defense had failed to show police improperly influenced Hurd.

“Abiding a misguided code of the street, never to rat out another person or cooperate with the police, Hurd attempted to thread the needle, telling the police (and jury) what happened to him without actually pointing the finger at any individual (thereby, in his mind, honoring the street code of silence.) If there was misconduct here, it was Hurd’s misguided loyalty to ‘the code’ as he described, and not the result of any police or prosecutorial act,” Locke wrote in a 12-page decision.

Locke said Hurd perhaps hoped that a conviction would be obtained in the first trial without him having to identify anyone.

“Ultimately, it is the province of the jury, as factfinders to weigh and assess Hurd’s identification testimony and determine, under all the circumstances, whether it is credible,” Locke wrote.

Moore’s co-defendant, Edward Washington, was acquitted in this spring’s trial. Moore was also acquitted of a drug trafficking charge. Kimani Washington, the third man charged in the attacks, testified for the prosecution. Kimani Washington said he, Moore, and Edward Washington were involved, but that he left the scene before the shooting began.

Jury selection begins Tuesday in Moore’s retrial.

Simba Martin, 21; his girlfriend, Eyanna Flonory; her 2-year-old son, Amanihotep Smith; and Martin’s friend, Levaughn Washum-Garrison, were killed. The cold-blooded attack, one of the worst in Boston’s recent history, shocked residents across the city.

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