A Natick man convicted of killing a nightclub bouncer in 2006 will not receive a new trial, the Suffolk District Attorney’s office said Monday.
Oscar Rosa, 30, was convicted in 2008 of second-degree murder after stabbing Craig Viera, 32, outside the Embassy nightclub near Fenway Park in November 2006. He is serving a life sentence with the possibility of parole.
Rosa was removed from the nightclub that night with several other people, prosecutors said, and Viera, the club’s security chief, offered them a chance to return the following weekend. During that conversation, Rosa pulled out a knife and stabbed Viera in the abdomen, piercing his liver, prosecutors said.
Viera was taken to Boston Medical Center and released. But almost two weeks after the stabbing, he died when he developed blood clots in his lungs, which prosecutors said were “medical complications from his injuries.”
Rosa, who was initially indicted on a first-degree murder charge, argued in Massachusetts Appeals Court that he was denied his right to a public trial because his family members were “not allowed in the courtroom during the first day of jury selection,” prosecutors said.
In an unpublished decision released Monday, the court called that claim “far from clear” and noted that Rosa’s trial lawyer wrote that he had “no memory of the courtroom being closed at any time during the trial,” according to prosecutors. Rosa did not bring up the issue during his direct appeal or during two previous motions for a new trial, the court said.Felicia Gans can be reached at firstname.lastname@example.org. Follow her on Twitter @FeliciaGans.