Daniel Mason, the former fourth-year Boston University Medical student found guilty of first-degree murder and attempted murder over winter break, will appeal the verdict, according to his lawyer, Robert Jubinville. Mason was sentenced to life in prison.
Jubinville said all first-degree murder cases in Massachusetts are automatically appealed, but the process could take up to two years.
“We have to get transcripts of the trial and pore over them, pick out issues that could raise significant doubts for the State Supreme Court,” Jubinville said. “If they find enough evidence, they can order a new trial.”
Jubinville said he thinks one of his main arguments during the trial, the lack of physical evidence placing Mason at the crime scene, may be borne out with another reading of the transcripts.
“There was practically no physical evidence there,” Jubinville said. “Hopefully, the Supreme Court will look at [the transcripts] and say, ‘Hey, there wasn’t a lot here; maybe we should look a little closer.'”
“We’ll also look for whether the prosecution or judge made mistakes, or even if I made mistakes,” Jubinville said. “We’ll just look for anything that could render the kid not guilty in another trial.”
Mason was found guilty of murdering Michael Lenz, a 25-year-old graduate student at the University of Massachusetts, and attempting to murder Eugene Yazgur, 29. Besides receiving the required sentence of life without parole, Mason was also given a symbolic second life sentence for home invasion, according to the Boston Globe.
Prosecutors argued that Mason entered the Jamaica Plain apartment that Yazgur and Lenz shared on Mar. 2, 2001. Lenz was shot and killed, while Yazgur was shot six times. Yazgur nearly died from his injuries, but recovered enough to testify against Mason.
Mason and Yazgur had argued in 1997, when Yazgur’s moving van blocked a Boston street. The argument turned into a physical altercation, with Yazgur receiving an ear injury that required 30 stitches. Mason was found guilty of assault and battery after Yazgur filed a civil suit, and was ordered to pay Yazgur $118,000.
Mason received the official notice ordering him to pay Yazgur on Mar. 1, 2001. Mason’s roommate, J.D. Smith of Malden, testified Mason said he would rather “kill them” than pay. Smith also testified that Mason asked him for a false alibi for the time of the shooting, and that Mason said he had taken care of “some business.”
According to The Boston Globe, Mason’s father, Richard, had been held in contempt of court for refusing to testify for the prosecution. He was released from jail on Dec. 21, the same day his son was convicted and sentenced.
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