Defense Motions To Drop Charges

Defense attorneys presented a motion to dismiss the charge of first-degree murder against Alexander Pring-Wilson after the prosecution wrapped up its case with a handful of witnesses yesterday.

Justice Regina Quinlan said she will announce her ruling on the motion to throw out the charges at 9 a.m. today.

If she rules that the trial should continue, the defense will begin to call its witnesses, extending the trial for at least another week.

Pring-Wilson, a student at the Davis Center for Russian and Eurasian Studies at the time of his arrest, stabbed Michael D. Colono, 18, with a four-inch pocketknife on April 12, 2003. The early morning fight took place outside of a local pizzeria.

Pring-Wilson’s attorney, E. Peter Parker, has argued that his client acted in self-defense.

Parker said that the prosecution has offered “insufficient evidence” to prove that Pring-Wilson did not act in self-defense and thus asked Quinlan to dismiss the case.

“The evidence supports that [the fight] was an attempt to fend off Colono [to avoid] imminent death or bodily harm,” Parker said, adding that his client did not have the opportunity to flee the scene.

Parker also emphasized that both Colono and Colono’s cousin, Samuel Rodriguez, were involved in the scuffle with Pring-Wilson.

“We saw Samuel Rodriguez demonstrate his kick [in court],” Parker said, noting that Rodriguez also admitted to landing a punch on Pring-Wilson’s forehead. “He put everything he had into that punch.”

Lynch contested Parker’s point, saying that Pring-Wilson invited the fight because he had already passed Colono and Rodriguez’s car and then went back to confront Colono, who had made a derogatory comment as he walked by.

“The defendant ... opened the door ... inviting Mr. Colono to mutual combat at that point,” Lynch said. “Michael Colono had given him some lip...he knew he could sucker [him] into a fight.”

Parker also contested the charge of first-degree murder, which would mean that the stabbing was premeditated or performed with “extreme atrocity or cruelty.”

“He did not have the opportunity to reflect, deliberate, form an intent and deliberately kill,” Parker said.

However, Lynch said that premeditation “can occur in a matter of seconds.”

But Parker said that the wounds Colono sustained were not severe enough to substantiate that claim.

“There’s no evidence of excessive degree of suffering,” Parker said. “[Colono] didn’t think he was injured, he didn’t drop to the ground, he walked back to the car.”

Parker said that dismissing the case would not diminish the tragedy of Colono’s death.

But Lynch said that the four stab wounds Colono suffered and his death from internal bleeding—were evidence of Pring-Wilson’s excessive violence.

“The defendant had no right as the initial aggressor...to use anything but non-deadly force,” she said. “[But Pring-Wilson used] force necessary not only to penetrate a jacket...but to penetrate cartilage.”

PERSONAL TESTIMONY

Before the defense and the prosecution delivered their arguments for and against the motion, Colono’s ex-girlfriend, mother and sister all took the stand quietly.

Cindy Guzman said she and Colono met at age 10 and started dating at age 14; she learned she was pregnant during their freshman year in high school at Cambridge Rindge and Latin.

Their daughter, Jade, is four years old.

The couple had dated on-and-off until Thursday, April 10, 2003—the day before the stabbing—when Guzman said she broke up with him. She said that Colono was “calm” about the breakup, presenting a slight setback to the defense, which wanted to show that Colono had reason to be upset and instigate the fight with Pring-Wilson.

Sarah Younkin, Pring-Wilson’s roommate, also testified yesterday. During cross-examination, she testified that Pring-Wilson was accustomed to carrying a pocketknife.

“[He used it] to open packages, fix stuck windows, cut an apple,” she said. “He’d just pull it out when he needed it.” She said he never referred to it as a weapon.

—Staff writer Hana R. Alberts can be reached at alberts@fas.harvard.edu.