TAUNTON, Mass. (WPRI) — The attorneys for Plainville native Michelle Carter plan to appeal her manslaughter conviction in a texting suicide case to the U.S. Supreme Court.
Defense attorney Joseph Cataldo told Eyewitness News his team plans to file a petition for certiorari within 90 days to the nation’s highest court, after which the nine justices will decide whether to take the case.
Carter, who was convicted of manslaughter in 2017 for her role in encouraging her boyfriend to take his own life, lost her appeal in Massachusetts’ highest court earlier this week.
Juvenile Court Judge Lawrence Moniz had stayed her 15-month jail sentence until after her state appeals were exhausted. Carter is due back in court on Monday, where the Bristol County district attorney plans to ask Moniz to revoke the stay and send her to the Bristol House of Corrections.
On Friday, Moniz denied a motion from Carter’s attorneys to reschedule the hearing. Cataldo wrote in the juvenile court motion that his team plans to ask the Supreme Judicial Court on Monday to stay the sentence.
Moniz is the same judge who convicted Carter of involuntary manslaughter after her jury-waived trial, agreeing with the prosecution that Carter caused the death of her boyfriend, Conrad Roy III. Roy died in a Fairhaven parking lot after his truck filled with carbon monoxide from a gas-powered pump.
Carter encouraged Roy to kill himself in thousands of text messages, and also admitted in a text to a friend that she told Roy to “get back in” his truck when it was filling with the deadly gas.
Monday’s hearing on whether Carter’s stay of sentence will be revoked is scheduled for 2 p.m. in Taunton Juvenile Court.