1981 murder conviction vacated, Roslindale man finally walks free

BOSTON — Suffolk County DA prosecutors have filed paperwork Monday that vacates a 1981 first-degree murder conviction.

In 1979, a cab driver, Jeffrey Boyajian, was shot, beat and killed in at the Archdale housing development. Frederick Clay, from Roslindale, was convicted of the murder and spent the last 38 years in prison. Another man, then 20-year-old James Watson, was also convicted. A third person alleged to be involved has never been identified.

On Tuesday, Clay officially received the news that he will go free; his conviction was vacated.

THE CRIME AND CONVICTION

Clay was only 16 when the murder took place. An eyewitness told police he saw Clay, Watson and a third man pull a cab driver from a cab. The witness, who said he recognized Clay, testified that he saw the 16-year-old shoot the cab driver.

Clay maintained his innocence in the trial, saying he was incorrectly identified and was in a foster home at the time. His foster mother supported this alibi during the trial. However, other foster children disclosed a way of sneaking out of the home.

PURSUIT FOR FREEDOM

Over the years, Clay has continued to say he is innocent.

He tried to get his sentence commuted and also began working with the Innocence Project, hoping to have his freedom one day.

When he came up for parole in 2015, it was denied partially because "Clay ha(d) yet to accept responsibility for his actions, opting instead to struthiously avoid the fundamental question of his guilt."

He appealed the board 4-3 decision, and it went in his favor. He was scheduled to be released on parole this week.

PROBLEMS WITH THE CASE

Last year, Clay's attorney with the Innocence Program filed a motion for a new trial on the basis of newly available identification science and ineffective assistance of counsel.

Upon reviewing the filings, prosecutors with the Conviction Integrity Program reinvestigated the conviction.

Clay's attorney said that one eyewitness that confirmed Clay's identity only did so, "after being hypnotized by police investigators." He was hypnotized using a technique based on the myth that human memory works like a video camera. He first gave vague descriptions but then identified Clay.

Another eyewitness was a 24-year-old man with the mental age of a 10-year-old. His mother and another witness told police that they couldn't make out the suspects from his second-floor apartment window. However, he eventually identified Clay after learning from police they already had a good idea of who was responsible and that the suspects were in the photo array. He was also told that if he helped police, they would relocate him and his family from the Archdale Projects at the City of Boston's expense.

In addition, evidence showed that other witness statements more accurately fit other suspects and not Clay, including the fact that a witness said the shooter was left-handed while Clay is right-handed.

The cab driver's brother said he had "started to doubt" Clay was guilty, and he is glad to see the conviction vacated.

The DA's office notes that while Clay would have been free on parole this week, he is now leaving prison an innocent man, without a murder conviction on his record.

The CIP particularly looks at cases where eyewitness testimony led to a conviction. According to the Suffolk County DA, eyewitness identifications are the leading cause of "miscarriages of justices."

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