BOSTON -- The state's highest court Wednesday upheld the first-degree murder conviction for a Lowell man -- once one of the city's most notorious gang members -- who is serving life in prison for the 2006 murder of Bonla Dy in a convenience-store parking lot.
Attorney David Mirsky, who represents Jerry Meas, filed an appeal with the state Supreme Judicial Court arguing that Meas' 2008 trial was flawed because the jury heard that Lowell police's "show-up" procedure involved bringing witnesses to the scene to identify Meas was "unconstitutionally suggestive."
"Here the police had very good justification for resorting to the showup procedure," Chief Justice Roderick Ireland wrote. "The crime involved the use of a deadly weapon, a firearm, that was not recovered at the scene. Thus, the hature of the crime presented to public safety concerns, as well as the need for efficient police investigation in its aftermath."
With help from witnesses, police arrested Meas shortly after the fatal shooting of Dy, 24, of Lawrence, in the parking lot of the 7-Eleven at 55 Chelmsford St., on June 13, 2006.
Meas , a known Lowell gang member, had gone into the store for cigarettes. When he came out, he spotted Dy sitting in a red Acura. Meas mistakenly thought he was a rival gang member and, after confronting Dy, he pulled out a .380-caliber semiautomatic gun and shot Dy in the neck, killing him.