United States District Court, D. Massachusetts
EDMOND J. CARRIERE, JR., Petitioner,
SUPERINTENDENT SEAN MEDEIROS, Respondent.
MEMORANDUM AND ORDER ON AMENDED PETITION FOR A WRIT
OF HABEAS CORPUS
Dennis Saylor IV United States District Judge.
a pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. Petitioner Edmond
Carriere, Jr. is an inmate at the Massachusetts Correctional
Institution at Norfolk.
January 3, 1980, Edmond Carriere's estranged wife Frances
was murdered in her home in Bourne, Massachusetts. An
intruder engaged Frances in a struggle, during which she fell
to the floor, hit her head on a radiator, and was rendered
unconscious. The assailant then stabbed her multiple times in
was tried in Barnstable County Superior Court 32 years later.
In substance, the evidence showed that he devised the
contract killing of his wife. Carriere reached out to a local
drug dealer and acquaintance, Richard Grebauski, and asked
him to murder Frances for pay. Grebauski agreed to take the
job and recruited Steven Stewart to kill Frances, as Stewart
was indebted to him for $500 for the purchase of cocaine. At
the time of the murder, Carriere was in Florida with his
daughters, which the Commonwealth maintained was a
premeditated alibi. Witness testimony further showed that
during his contentious divorce from Frances, Carriere had
asked friends on more than one occasion whether they would be
willing to kill Frances for money.
prosecution case relied heavily on testimony from Stewart
concerning the joint venture between Carriere, Grebauski, and
himself. Stewart was originally convicted of Frances's
murder in June 2005. However, that conviction was overturned
on appeal. Shortly thereafter, Stewart entered into a plea
agreement with the government, in which he agreed to testify
against Carriere in exchange for a sentence of time served.
jury convicted Carriere of murder in the first degree, on
theories of deliberate premeditation and extreme atrocity or
cruelty. He was sentenced to a mandatory term of life
imprisonment without parole. Carriere appealed directly to
the Supreme Judicial Court of Massachusetts, which affirmed
the conviction in a lengthy and detailed opinion. See
Commonwealth v. Carriere, 470 Mass. 1 (Mass. 2014).
October 1, 2015, Carriere filed a petition for a writ of
habeas corpus relief pursuant to 28 U.S.C. § 2254, which
was amended on October 11, 2016. It appears that he asserts
four grounds for relief in his amended pro se
(1) denial of the right to a fair trial and to confrontation
by the admission of certain hearsay statements;
(2) denial of the right to a fair trial by the admission of
various statements that were more prejudicial than probative;
(3) denial of the right to a fair trial because the trial
judge prohibited him from entering specific testimony from a
government witness that supported his defense; and
(4) denial of the right to a fair trial because of the
prosecutor's inflammatory closing argument, which
contained misstatements of law.
other things, respondent contends that Carriere has failed to
exhaust his state-court remedies.