DEDHAM, Mass. — It’s been more than a year since defense attorney Rosemary Scapicchio filed a motion to dismiss murder charges against her client, Myles King, and her push to get the case thrown out continued for hours Tuesday inside a Dedham courtroom.
King is accused in the July 2021 fatal shooting of 25-year-old Marquis Simmons in Milton. During an evidentiary hearing, Milton Police Deputy Chief Michael Collins testified that as Simmons lay dying, he identified his shooter as “Mizzie Cash.”
“Mizzie Cash” is what King goes by in rap videos posted on YouTube. Officers also linked a black Mercedes fleeing the scene to King.
“A black Mercedes had fled the scene with a Maine registration plate, and that vehicle was connected to Mr. King,” Deputy Chief Collins said.
However, defense attorney Rosemary Scapicchio argued in court Tuesday that investigators rushed to connect King to the shooting without properly verifying the victim’s statement.
“The Commonwealth’s argument is Proctor doesn’t matter because they already knew that it was Mizzie Cash,” Scapicchio said. “I’m trying to prove that, no, they really didn’t know it was Mizzie Cash.”
Scapicchio maintains that the state’s case against King is fatally flawed because of the lead investigator who built it: former Massachusetts State Police Trooper Michael Proctor. Proctor’s career imploded following disclosures of crude and racist messages on his personal phone.
During the hearing, Scapicchio questioned three Milton police officers, as well as former lead prosecutor Adam Lally, who worked directly alongside Proctor on both the Simmons murder case and the Karen Read case. Scapicchio pressed Lally on when he first learned of Proctor’s outrageous phone communications and what he did about them.
Lally said a federal protective order limited what he could reveal about the matter.
State prosecutors argued that the physical and testimonial evidence pointing to King stands independent of Proctor’s involvement, warning that tossing the case would allow an accused murderer to go free.
Scapicchio intends to question at least one more member of law enforcement, as well as experts in racial bias in policing, before a decision is made on her motion.
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