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.
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.
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