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  08:17am EST, 11/22/08
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MA convicted killer wants new trial



Woburn (AP)  -- A convicted killer is asking for a new trial, claiming his family was barred from the courtroom during jury selection in violation of his right to a public trial.

A hearing is scheduled in Middlesex Superior Court on Thursday.

Matthew Lavoie of Fitchburg was sentenced to life in prison after being convicted of the March 2001 shooting of 29-year-old Westley VaanAnen of Townsend after a night of partying with friends.

Leslie O'Brien, Lavoie's lawyer, says in court papers that members of her client's family were barred from jury selection to make room for a large pool of prospective jurors.

She said closing the courtroom to members of the public during a trial violates her clients rights.

Prosecutors counter that even if the family was asked to leave during jury selection, Lavoie's defense was not harmed.


2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
 
 
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