Update: David Chalue convicted on all counts in kidnapping, murder of 3 Pittsfield men
SPRINGFIELD - His hands cuffed after the first guilty verdict was read, his head held high and jaw clenched, David Chalue stood listening to each of 12 jurors say they agreed he was guilty of three charges each of first-degree murder, kidnapping and witness intimidation.
Seated behind him in the gallery of a Hampden Superior Courtroom, his family and friends sat closely together, many weeping loudly.
A day after a reluctant juror recanted moments after a guilty verdict was rendered, Chalue, 47, found himself again hearing the words "guilty" for kidnapping and killing David Glasser, Robert Chadwell and Edward Frampton in late August 2011.
On Thursday, a female juror retracted her guilty verdicts and three other female jurors wept after the guilty verdicts were announced. The judge sent the jury back in to continue deliberating.
On Thursday afternoon and Friday morning, Chalue's attorney, Donald W. Frank, who was second-seated by attorney Bonnie Allen, asked Judge C. Jeffrey Kinder to declare a mistrial because of what had happened. He told the judge on Friday "It seems to be a very volatile and extreme jury at this point" and that nothing could be done to "undo the emotional impact" of what had taken place.
Kinder told Frank emotional reactions were not uncommon in these types of cases and denied the motion for mistrial a second time.
On Friday, when the female juror in question was polled, she answered in an unwavering voice that she agreed with the verdict. The note sent out by the jury indicated they had gone over all the evidence again since Thursday and unanimously agreed on the verdicts. The jurors were dry-eyed on Friday.
It took a full 30 hours for the jury to decide on the guilty verdicts, which included three counts of first-degree murder on two separate theories for each count -- premeditation and extreme atrocity or cruelty.
The prosecution's case was wholly circumstantial and relied, in part, on the testimony from four fellow inmates of the defendant who alleged Chalue had admitted to the killings and gave them details about the crimes.
On Friday, after the jury was escorted out, Berkshire District Attorney David F. Capeless requested that Chalue be sentenced immediately, but Kinder scheduled sentencing for Monday.
Capeless thanked the jury for their diligence in reaching a fair and unanimous verdict. He conceded "there was some concern" after the reversal of the verdict on Thursday, but he said the jury went back through the evidence, "persevered" and returned the verdicts.
He also thanked the many law enforcement officers involved in the investigation.
Chalue's attorneys, Frank and Allen, declined comment.
In first-degree murder cases in Massachusetts there is an automatic appeal.
Chalue was accused of helping Adam Lee Hall and Caius Veiovis kidnap, torture, kill and dismember the victims.
Hall was convicted in February and sentenced to three consecutive life terms. Veiovis is scheduled to be tried in September.
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