GREENFIELD — No mugshots will be allowed — but graphic close-up photos of gunshot wounds will be — in the trial of Lewis H. Starkey III, who is accused of murdering one person and shooting at two others in 2017.
Starkey’s trial is set to begin April 1, and the court will be looking to impanel 14 to 16 jurors. Friday, Starkey showed up at Franklin Superior Court for the rulings on some final motions.
Starkey is accused of murdering his girlfriend, Amanda Glover, after an argument July 5, 2017, at their home at 179 West St., Wendell. Prosecutors allege he then turned his shotgun on Amanda Glover’s adult son, Devin Glover, and fired, but Devin Glover was able to escape into the woods.
Then, prosecutors say, Starkey fled to Chicopee and fired at an employee at the Specialized Trucking company, injuring them with flying glass before the shotgun was wrestled from him. Starkey was apprehended five days later while driving in Orange.
Judge John Agostini allowed a motion from the defense, led by attorney Michael Sheridan, to exclude mugshots from being shown at the trial, agreeing that the potentially prejudicial photograph is irrelevant. First Assistant District Attorney Steven E. Gagne of the Northwestern District Attorney’s Office said pictures of Starkey at the police station in Orange will be shown, and are not “classic” mugshots.
Agostini denied the defense on two other motions, however. The prosecution will be allowed to show graphic photographs of the victim, as well as bring in members of the victim’s family to testify.
“It certainly could be prejudicial, especially if it’s, for instance, pictures of the decedent lying on her back,” Sheridan said.
Agostini said the photographs will be limited so they won’t be redundant or invoke an unfair emotional response from jurors, but he will allow graphic images and will warn potential jurors of the images before they are impaneled.
Agostini ruled that family members will be allowed to testify even if they were not direct witnesses to the crimes in Wendell. Devin Glover is already expected to testify as a key eyewitness, but the prosecution plans to bring in at least one other family member who will talk about Amanda Glover as a person — her interests and hobbies. Sheridan argued that this will make the jury unfairly sympathetic toward the victim.
“The commonwealth is entitled to humanize somebody. We have a human person here,” Agostini said, adding that the prosecution won’t be allowed to “overdo it and invoke sympathy.”
A pending matter in the Starkey case is whether there will be a jury viewing of the crime scene in Wendell. Previously, the prosecution argued a viewing of the property would help jurors put the crimes and events in context. According to Gagne, Devin Glover fled into the surrounding woods after Starkey fired at him.
The defense would also like an “inspection,” a viewing of the inside of the house to show entrances, exits and other features of the home’s layout.
However, the current homeowner has obtained an attorney and is objecting to the viewing. He contends it as an invasion of privacy, and “wants nothing to do with it,” said his attorney Stephen Shea. “He wants nothing to do with Mr. Starkey.”
Agostini said he would think about the viewing and inspection and issue a ruling early next week.
“I’m inclined to allow a view. I just want some time to think about it,” Agostini said, adding the court would be “as unintrusive as possible.”
If a viewing were to happen, it would likely happen the morning of Thursday, April 4, with jurors being bused to Wendell and spending around a half hour at the home.
Another lingering question is whether there will be a venue change for the trial. Agostini has leaned toward having the trial in Greenfield, with the expectation of being able to find impartial jurors who are local. However, that decision won’t be made until impanelment is underway, so the judge may gauge if too many people have formed opinions from media coverage.
“If we go through two days (of impanelment) and only get two jurors, that’s a problem,” Agostini said.
The prosecution and defense have both estimated the trial will run for about two weeks.
Reach David McLellan at dmclellan@recorder.com or 413-772-0261, ext. 268.