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BOSTON – The highest court in Massachusetts says a man convicted of involuntary manslaughter should get a new trial because two jurors at his original trial slept during testimony.
The Supreme Judicial Court said Thursday the judge in the 2011 trial of Anthony Villalobos erred by failing to question the jurors about what they had missed while napping.
Villalobos was one of a dozen men charged in what was called the “tuxedo killing.” The suspects, some wearing black tuxedos with red vests, went to a Boston club in August 2009 after attending a funeral and got into a fight with another group outside. Jose Alicea died of injuries sustained in the fight.
Prosecutors called Thursday’s decision “disappointing and frustrating” but have not yet decided whether to retry.
Villalobos has already been released from prison.
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