When Mental Health and Murder Intersect: What the Brian Brito Case Means for Homicide Defense in Massachusetts
At Benzaken, Maguire, Sheehan & Wood, LLP, our Boston homicide lawyers have defended clients in some of the most complex and high-stakes criminal cases in Massachusetts. We understand that behind every murder charge is a human story—often involving mental illness, trauma, and legal questions that test the very foundation of our justice system.
A recent case out of Essex Superior Court—Commonwealth v. Brian Brito—brings these issues into sharp focus. Tried in 2023 and subject to post-verdict litigation through 2025, the Brito case shows the importance of aggressive legal defense, proper jury selection, and how mental health can shape the outcome of a homicide trial.
If you or someone you love has been charged with first-degree murder, armed assault, aggravated rape, or firearm offenses, this case underscores why you need a seasoned Boston-area homicide attorney to protect your rights and challenge the government’s case at every turn.
The Charges: A Triple Crime Spree Ending in Murder
Brian Brito faced multiple indictments stemming from three separate incidents in March 2017:
March 25, 2017 – Lawrence, MA: Brito opened fire on two women sitting in a parked car. Both survived, but one lost vision in one eye. He was convicted of armed assault with intent to murder and assault and battery with a dangerous weapon.
March 27, 2017 – Lynn, MA: Brito pulled up alongside a vehicle and shot and killed a stranger, Mohammadreza Zangiband, in the head—an execution-style murder in broad daylight.
Later that same day – North Andover, MA: Brito, wearing a black mask and armed with a gun, robbed a convenience store, aggravatedly raped the store clerk, and stole cash and lottery tickets. He was arrested later that day with the gun and stolen items in his possession.
These events led to convictions for first-degree murder, aggravated rape, armed robbery, and a host of other serious felony offenses.
The Defense: Criminal Responsibility and Mental Illness
Brito did not deny that he committed the acts.
Instead, his lawyers pursued a lack of criminal responsibility defense—Massachusetts’ version of the insanity defense. They argued that Brito was legally insane at the time of the offenses and could not appreciate the wrongfulness of his conduct or conform his behavior to the law.
Massachusetts General Law allows for an acquittal by reason of lack of criminal responsibility under Commonwealth v. McHoul, if the defendant suffers from a mental disease or defect and, because of it, either:
Could not appreciate the wrongfulness of their conduct, or
Could not conform their conduct to the requirements of the law.
At trial, the jury heard conflicting psychiatric testimony, as is common in homicide cases involving mental illness. Ultimately, the jury rejected the insanity defense and convicted Brito on all counts, including first-degree murder.
Post-Conviction Drama: A Juror’s Omission Sparks Legal Battle
After the trial, Brito’s legal team received an anonymous letter alleging that one of the deliberating jurors—Juror 37—had a family history involving mental illness and violence that he failed to disclose during jury selection.
Specifically, the letter claimed that Juror 37’s uncle had shot his own father (Juror 37’s grandfather) during a psychotic episode, a traumatic event that should have been disclosed on the juror questionnaires or during voir dire.
This triggered an extensive post-conviction investigation, including:
Juror affidavits from other members of the panel.
A court-authorized inquiry into Juror 37’s voir dire responses.
A June 2024 evidentiary hearing where Juror 37 testified under oath.
Despite inconsistencies and omissions in the juror’s original responses, the Court ultimately denied Brito’s motion for a new trial, finding that Juror 37 had not dishonestly answered any material questions and did not harbor bias against the defense.
Why Jury Selection Matters in a Boston Murder Trial
As Boston criminal defense attorneys, we cannot overstate how critical jury selection is in any homicide case, especially one involving mental health.
In Commonwealth v. Brito, the court examined whether the juror’s omission about a family shooting influenced his impartiality. Under the Amirault standard (from Commonwealth v. Amirault, 399 Mass. 617), courts ask:
Did the juror dishonestly answer a material question on voir dire?
If yes, was the juror actually or impliedly biased?
Because the judge found that Juror 37’s misunderstanding of the questionnaire was not intentional, Brito’s request for a new trial failed—even though that juror repeatedly referenced the shooting during deliberations.
For homicide defendants, this case highlights how a single juror’s background or misstatement can affect the fairness of a trial. That’s why your Boston murder defense lawyer must be meticulous during voir dire, ensuring that every juror can truly be impartial.
Mental Illness and Murder: A Dangerous Mix in Massachusetts Law
The intersection of serious mental illness and murder charges is fraught with stigma, scientific complexity, and legal confusion.
In Brito, the court gave the jury detailed instructions on the insanity defense. Still, despite clear evidence of Brito’s mental illness, the jury sided with the prosecution—likely influenced by the brutality and randomness of the crimes.
Our experience as Boston-area homicide lawyers tells us this is not unusual.
Jurors often struggle to separate mental illness from moral judgment. They may see a defendant as “evil” rather than “ill”—especially when the crimes involve:
Gun violence
Strangers as victims
Sexual assault or kidnapping
Crimes against women or children
That’s why our defense strategy in homicide cases involving mental illness includes:
Expert psychiatric testimony that humanizes the defendant
Pretrial motions to exclude inflammatory evidence
Careful voir dire to screen out jurors with bias against the insanity defense
Aggressive advocacy to ensure that mental health is treated as a legitimate defense, not an excuse
Lessons for Defendants: Key Takeaways from Commonwealth v. Brito
Whether you're facing a first-degree murder charge in Boston or defending against an accusation of armed assault with intent to murder, this case offers several important lessons:
1. Mental Health Defenses Are Legally Valid—But Not Easily Won
Even when evidence of mental illness is strong, juries may reject the defense if not presented compellingly. Your legal team must shape the narrative from day one.
2. Jury Selection Can Make or Break Your Case
Had Juror 37’s background been fully disclosed, he may have been struck for cause or by peremptory challenge. An impartial jury is not a luxury—it’s a right.
3. Post-Trial Remedies Are Limited
Even if you discover troubling information about a juror after conviction, courts require proof of dishonesty and bias. That’s a high bar. Preventing problems in the first place is the best defense.
4. First-Degree Murder Sentences Are Permanent
Brito was convicted and sentenced to life without parole. Once that verdict is in, options are narrow. Your best shot at freedom is before and during trial—not after.
Why You Need a Boston Homicide Lawyer with Mental Health Experience
The attorneys at Benzaken, Maguire, Sheehan & Wood, LLP have extensive experience defending clients in Massachusetts murder trials involving:
Mental illness and psychiatric disorders
Insanity and lack of criminal responsibility defenses
Forensic evaluations by Bridgewater State Hospital
Jury selection and post-conviction litigation
Whether you’re facing charges in Suffolk County Superior Court, Middlesex, Norfolk, or Essex, we know how to build a defense that stands up to scrutiny. We consult with forensic experts, challenge unreliable psychiatric opinions, and protect your right to a fair trial.
In cases like Brito’s, the difference between a guilty verdict and a not guilty by reason of insanity can come down to one thing: the quality of your legal defense.
Family Member Arrested for Murder in Massachusetts? Call Us Today.
If you or your loved one has been charged with:
First-degree murder
Second-degree murder
Voluntary manslaughter
Armed assault with intent to murder
Kidnapping or aggravated rape
Homicide during the commission of a felony
—then you need an experienced, aggressive, and trial-ready Boston homicide lawyer on your side.
Don’t wait until the evidence piles up or a jury is already empaneled. Your defense starts now.