TAUNTON, Mass. (WPRI) — Plainville native Michelle Carter is due back in court Monday afternoon, where prosecutors will ask a judge to send her to prison for her 2017 manslaughter conviction, as her lawyers continue last-ditch efforts to try and keep her out of jail.
Prosecutors are asking Judge Lawrence Moniz to revoke Carter’s stay of sentence, which he himself issued in August 2017, delaying her15-month stint at the Bristol House of Corrections until after her state appeals are exhausted.
That happened last week, when the Supreme Judicial Court upheld Moniz’ conviction, agreeing that Carter caused the death of Conrad Roy III in 2014.
Lawyers for Carter tell Eyewitness News they are taking the case to the United States Supreme Court, and filed a new motion to the SJC Monday morning asking the justices for emergency relief to extend the stay until after the case can go to the Supreme Court.
According to a Tweet from the Bristol County DA, the high court denied that request.
We have just been notified that the SJC has denied Michelle Carter’s motion for a stay of sentence in her case.— Bristol DA (@BristolDA) February 11, 2019
The attorneys argue in the motion that her 15-month sentence would likely be finished by the time the nation’s highest court takes the case, so even if her conviction is overturned, she would have already been punished.
Her lawyers also argue she “poses no security risk whatsoever” by remaining out of prison pending appeal. The document says she is living at home with her parents and pursuing educational and employment opportunities.
Prosecutors disagree, writing in their own motion that Carter “poses a potential harm to herself and others while she is in the community.”
“The evidence at trial and in the pre-sentence report established that the defendant deceived the manipulated not on Conrad Roy for her own purposes, but almost everyone she came into contact with,” prosecutors write.
Carter is due in Taunton Juvenile Court at 2 p.m.