www.courant.com/news/opinion/editorials/hc-hc-cameron-lapointe-murder-0.artmay18,0,4116216.story
May 18, 2010
Did Richard Lapointe murder Bernice Martin? That question
hung over the proceedings in his habeas hearing earlier this
month in Rockville.
Lapointe, who suffers from Dandy-Walker Syndrome, a serious
brain malformation, and various disabilities, was convicted in
1992 of sexually assaulting and murdering his wife's 88-year-old
grandmother in her apartment in the Mayfair Gardens complex in
Manchester on the evening of March. 8, 1987. He was sentenced to
life without parole.
The hearing is not about his guilt or innocence. It's about his
claim that his lawyer in an earlier habeas hearing provided
ineffective assistance by failing to raise several issues,
including the suppression of evidence pertaining to the likely
time of the crime that supported his alibi.
But the question was there — and remains: Did Lapointe murder
Martin?
At first glance, the answer seems obvious. During a nine-hour
interrogation on July 4, 1989, he signed three statements
confessing to the crime. There was a semen stain on Martin's
bedspread that revealed the perpetrator had Type A blood and was
a secretor, meaning the antigen in his blood is secreted into
other body fluids. Further, the semen contained no sperm.
Lapointe has Type A blood, is a secretor and had a vasectomy.
Lapointe's statements, however, contain a number of inaccuracies
— for example, about what Martin was wearing, how she was
assaulted and how she was murdered. There is reason to think he
confessed because the interrogators persuaded him that he
committed the crime; in one, he said, "If the evidence shows I
was there, and that I killed her, then I killed her, but I don't
remember being there."
The Manchester police had recording equipment but the
interrogation wasn't recorded.
The fact that Lapointe has Type A blood, is a secretor and had a
vasectomy appears damning. But he's certainly not the only
person with those attributes: 40 percent of the population has
Type A blood and 80 to 85 percent are secretors. A study in the
1990s found 38 perent of men over 40 had vasectomies. At the
time of the murder, possibly 10 percent of all men over 40 had
Type A blood, were secretors and had a vasectomy.
Both habeas hearings have turned up tantalizing evidence that
someone other than Lapointe murdered Bernice Martin. A pair of
men's gloves, too large for Lapointe, was found in the bedroom,
one glove on the floor, the other on the bed. They had strands
of Martin's hair on them. A forensic scientist testified the
left glove contained a mixture of three DNA profiles, none of
which matched Lapointe's.
Martin wore a blue sweater that day. It was found on the bedroom
floor. There was a pubic hair on it that came from someone other
than Martin or Lapointe. There were head hairs on the bed that
came from someone other than Martin or Lapointe.
A woman reported that as she drove by Mayfair Gardens at about 8
p.m. that evening, a man came running out of the driveway and
into the street. He was running "like he was being chased by a
pack of dogs." She had to swerve to avoid hitting him. He
continued running through the nearby intersection and
disappeared behind a building on the other side of the street.
He was white, 35 to 40, 5 feet 10 or 11, medium build, with
straight black disheveled hair.
Three days after the murder, Frederick Merrill, a man with a
criminal record, was arrested for sexually assaulting a
middle-aged woman in her home in South Windsor a few miles away.
There were some unusual similarities in the two crimes,
including the way the victims were tied up and assaulted.
Merrill reportedly resembled the man seen running out of the
complex and had been seen that weekend in Kelly's Pub, just up
the street from Mayfair Gardens. He's now serving a 20-year
sentence for sexual assault.
The habeas hearing will resume and conclude in July. Perhaps, if
Superior Court Judge John J. Nazzaro vacates Lapointe's
conviction and orders a new trial, we may be closer to knowing
who murdered Bernice Martin.
•David R. Cameron is a professor of political science at Yale
University.
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