Oscar Rosa, 21, is
charged with first-degree murder in the death of Craig Viera, who
authorities say was stabbed in the abdomen outside the club on
Nov. 26, 2006, following an altercation between Rosa and a group
of friends and the security staff. Viera, who lived in Framingham
and worked as a trainer at Natick's Gold's Gym, died 12 days later
on Dec. 8.In
his opening statement yesterday, prosecutor Rahsaan Hall said Rosa
and the group of men, some of whom were underage, entered the
Lansdowne Street club and gathered in an area reserved for people
21 and older.
"When they were
asked to leave, a verbal altercation ensued," Hall told jurors.
The argument continued until security escorted the group out of
the club.
"As they were being
escorted out of the nightclub, this defendant and some of his
friends became physically combative," Hall continued. As Viera
tried to calm the two groups outside the club, "this defendant
walked behind a group of his friends, then stepped around his
friend and lunged at Craig Viera, stabbing him in the upper-left
abdomen."
Within minutes,
Hall said, security staff and police officers working a detail in
the area found Rosa and a knife he dropped. Viera spent three days
in Beth Israel Deaconess Medical Center before returning to his
home in Framingham, Hall said, unaware his stab wound was a
ticking time bomb.
"That cut this
defendant inflicted cut Mr. Viera's liver and his liver became
distended and grew to three times the size of a normal liver,"
Hall said.
Viera's enlarged
liver pressed against a major artery, causing blood clots in his
legs, one of which moved through his bloodstream to his lungs.
"You'll hear the
testimony of witnesses who will tell you that but for this stab
wound this defendant inflicted, Mr. Viera would be alive today,"
Hall said.
Defense attorney
John Hayes, however, argued the evidence shows his client could
not possibly have stabbed Viera since the victim's blood wasn't
found on the knife or Rosa's clothes.
"This case really
starts with the fact that the blood on the knife and the
defendant's clothing was not Craig Viera's blood, but was his own
blood," Hayes said. "(It's) from that perspective, which is
absolutely inconsistent with Oscar Rosa stabbing Craig Viera that
night (I want you to consider the evidence.)"
The case was
fatally flawed from almost the first moment, Hayes said, because
after Rosa's quick arrest, police performed virtually no further
investigation.
"It was so obvious
to everybody he had to be the person, and it's that assumption
that contaminates everything that happened after that," he said.
"The police really didn't collect much evidence, and what they did
collect was lost."
Several people took
the stand yesterday, including Viera's mother, Sybil Viera, who
described the day he died.
The day before he
died, she said, her son tried to follow doctor's orders to try to
keep active by walking, and even walked "with great difficulty"
nearly two blocks to the bank. The next morning, "he was very
slow.
"I put Craig's
breakfast in front of him, and all of a sudden, his head dropped
and it stayed like that for maybe a minute, like he was in a
trance, and then he woke up and said, 'Mom, what happened?"' she
said.
After refusing her
offers to call 911 and his doctor, Viera tried to sit on the
couch, but was clearly having difficulties, she said.
"His arm shook and
his head dropped to one side. One eye stayed open and the other
eye closed," she said. "I gave him mouth-to-mouth, and his body
jumped twice. In my heart, I knew when his body jumped, no matter
how much air I breathed it wouldn't help."
Also taking the
stand yesterday were several Boston Police officers, who said they
saw a fight in front of the nightclub, several men running from
the area and Rosa drop an object just before his arrest.
Rosa's trial will
resume today in Suffolk Superior Court.