Massachusetts Appeals Court Affirms 2008 Manslaughter by Motor Vehicle Conviction

Massachusetts Appeals Court Affirms 2008 Manslaughter by Motor Vehicle Conviction

The Massachusetts  Appeals Court has affirmed the 2008 conviction of Jason M. Liptak  of manslaughter by motor vehicle in connection with a Dec. 17, 2005 three-car crash that resulted in the death of Northampton defense attorney Geri Laventis.

A Hampshire Superior Court jury found Liptak guilty in March, 2008, despite suggestions by his defense lawyer that Liptak’s then-girlfriend, who he later married, had been driving the pick-up truck involved in the head-on crash with Laventis’s car.

Liptak was sentenced to 5-7 years .

The defendant’s appellate lawyer  argued that Liptak should receive a new trial, claiming that  1) Liptak’s statements immediately following the collision were involuntary, 2) that  photographs of the victim’s car and of her injuries should not have been admitted to the trial, 3) that Liptak’s counsel had provided ineffective assistance and  4) that the prosecutor had made “improper” remarks in her closing argument.

The Appeals Court  affirmed the March 2008 judgment,  rejecting all of these claims.

Of Liptak’s statements, the court noted, “Despite the defendant’s anxiety, physical trauma, and consumption of alcohol and pain medication, we discern no error in the motion judge’s conclusion that the statements were voluntarily made.”

The court rejected the defendant’s contention that photographs showing the damage to the vehicle and injuries to Laventis  should not have been admitted at trial, noting that  the judge showed “considerable discretion.”

The court also rejected the defendant’s claim that his trial counsel had provided ineffective assistance and that the prosecutor’s remarks had created serious doubt about whether the results of the trial might have been different had the remarks not been made.