Massachusetts SJC Decision Shows the Power of a Motion for New Trial
When you’ve been convicted of a serious crime in Massachusetts—especially first-degree murder—you are not out of options. A Motion for New Trial can be a critical tool for uncovering hidden evidence, challenging unfair trial rulings, and ultimately seeking justice.
In Commonwealth v. Donovan E. Goparian, SJC-13391 (July 23, 2025), the Massachusetts Supreme Judicial Court (SJC) reversed the denial of a motion for a new trial, ordered post-conviction discovery, and emphasized the duty of prosecutors to disclose all exculpatory evidence in their possession or the possession of the police.
For anyone searching for an experienced criminal defense lawyer or post-conviction lawyer in Massachusetts, this case shows exactly why you need a legal team that will fight hard in both trial and post-trial proceedings.
Case Background: From Conviction to Post-Conviction Battle
On November 4, 2015, a Worcester resident heard a gunshot and saw flames in a wooded area. Firefighters found a burning car and the body of Marie Martin inside. The autopsy showed she died from a gunshot wound to the head.
Prosecutors alleged that Donovan E. Goparian killed Martin after she met him to discuss harming her ex-boyfriend. The Commonwealth’s case relied heavily on three key witnesses—Thomas Hogan Jr., Heidi Thompson, and William “Billy” Goparian-McElhinney—each of whom admitted lying to police during the investigation.
Despite no physical evidence tying Goparian to the scene, the jury convicted him of first-degree murder in 2020.
The Game-Changing Evidence That Wasn’t Disclosed
After trial, Goparian’s legal team learned of potential third-party culprit evidence involving Billy, the defendant’s nephew. A federal inmate, Vito Nuzzolilo, had participated in a 2018 proffer session with federal prosecutors and Worcester police. During that meeting, Nuzzolilo claimed Billy admitted to:
Burning the victim’s car
Destroying the murder weapon and dumping the pieces in water
Hanging his head when asked if he shot the victim—an action Nuzzolilo took as a silent admission
Even more significant, Nuzzolilo later told defense counsel that Billy had said the defendant “was not responsible” for the killing.
None of this information was disclosed to the defense before or during trial.
The Motion for New Trial Process in Massachusetts
Under Mass. R. Crim. P. 30, a defendant can file a motion for a new trial when there are substantial issues affecting the fairness of the trial, such as:
Newly discovered evidence
Withheld exculpatory evidence (Brady violations)
Constitutional errors
Ineffective assistance of counsel
A motion for a new trial can be filed in the trial court after conviction. If denied, the decision can be appealed, and in capital cases, the SJC has broad authority under G.L. c. 278, § 33E to review the entire case.
In Goparian’s case, the motion argued that the Commonwealth’s failure to disclose the Nuzzolilo evidence violated his constitutional right to a fair trial and that an evidentiary hearing and post-conviction discovery were required.
SJC: Withholding Evidence Can Justify a New Trial
The SJC found two major errors by the trial judge:
Denying an Evidentiary Hearing
The Court held that Goparian had presented credible evidence that Detective Mark Richardson—a member of the prosecution team—was present at the 2018 proffer session and knew about Nuzzolilo’s statements. The judge improperly discounted the credibility of that evidence without live testimony and relied on police opinions about whether the witness was believable.Failing to Rule on Post-Conviction Discovery
The SJC held that the defense made a prima facie case for obtaining all documents related to the 2018 proffer session. This included the Richardson email that the defense only discovered later through a public records request.
The SJC vacated the denial of the motion for a new trial, ordered an evidentiary hearing, and allowed post-conviction discovery.
Why This Matters for Post-Conviction Lawyers and Their Clients
For those seeking a post-conviction lawyer in Massachusetts, the Goparian case illustrates several key points:
Police knowledge is imputed to prosecutors – If a detective on the prosecution team knows about exculpatory evidence, that knowledge is considered in the Commonwealth’s possession.
Credibility belongs to the jury – Prosecutors cannot withhold evidence simply because they think a witness isn’t credible.
Post-conviction discovery is powerful – It can uncover evidence that wasn’t turned over at trial, providing the foundation for a new trial motion.
Evidentiary hearings matter – They allow the court to hear live testimony, assess credibility, and fully evaluate new evidence.
The Role of a Criminal Defense Lawyer in a Motion for New Trial
A skilled criminal defense lawyer does more than defend you at trial—they also know how to:
Spot post-trial issues – Even years after conviction, there may be undisclosed evidence, new witnesses, or forensic developments.
File targeted discovery requests – The wording of the request can determine whether the prosecution’s nondisclosure is considered a violation.
Build a prejudice argument – Show how the new evidence could have changed the verdict.
Navigate appellate review – If the trial court denies relief, a strong appellate argument can still win in the higher courts.
How a Motion for New Trial Can Change Everything
In Goparian’s case, the SJC didn’t overturn the conviction outright—it sent the case back for a hearing and further discovery. But that’s significant. With the right evidence, the defense could show:
A key prosecution witness committed the crime
The jury never heard crucial evidence that supported reasonable doubt
The original trial was fundamentally unfair
A successful motion for a new trial can lead to:
A complete retrial
Reduced charges through negotiation
In some cases, dismissal if the evidence no longer supports conviction
If You’re Considering a Motion for New Trial in Massachusetts
If you or a loved one has been convicted, don’t assume the case is over. Time is critical—witness memories fade, and evidence can be lost. A knowledgeable post-conviction lawyer will:
Review the trial transcript for appealable issues
Investigate potential Brady violations or undisclosed evidence
Identify new evidence that could change the outcome
File and argue motions for discovery and a new trial
Why Choose Our Firm
As experienced criminal defense lawyers handling both trials and post-conviction cases, we understand the urgency and complexity of a motion for new trial. We’ve fought—and won—cases where withheld evidence came to light years later.
Our approach is aggressive, thorough, and client-focused. We don’t just review your case—we reinvestigate it from the ground up.
Call Now for a Free Consultation
Whether you’re facing charges, appealing a conviction, or seeking a new trial, our team can help. We represent clients throughout Massachusetts in serious felony and homicide cases.