BOSTON, March 20, 2017— The Natick man convicted of murdering nightclub security chief Craig Viera in 2006 will not receive a new trial, Suffolk County District Attorney Daniel F. Conley said today.
In an unpublished decision released today, the Massachusetts Appeals Court declined to grant a new trial to OSCAR ROSA (D.O.B. 10/22/86), who was convicted in 2008 of second-degree murder for stabbing 32-year-old Viera, who later died of medical complications resulting from his injuries. Rosa had been indicted on a charge of first-degree murder.
In his most recent appeal, Rosa argued that his right to a public trial was violated when members of his family were not allowed in the courtroom during the first day of jury selection, a claim that the Appeals Court called “far from clear.” In a letter submitted to the court by Rosa’s trial attorney, the attorney claimed to have no memory of the courtroom being closed at any time during the trial, and the court found that Rosa failed to raise the issue in his direct appeal and two earlier motions for a new trial.
As a result, the court found no error in a lower court judge’s denial of Rosa’s motion for a new trial based on the newly raised claim.
“As established by his direct appeal and prior motions, Mr. Rosa received a fair trial,” Conley said. “This decision is wholly supported by the facts and the law.”
Rosa is currently serving a term of life in prison with the possibility of parole. A Suffolk Superior Court jury in 2008 convicted him of stabbing Viera, the chief of security at Embassy Club, on Nov. 26, 2006.
Rosa and others had been removed from the club that night, but Viera promised the group admission the following weekend in an attempt to calm them. During the conversation, Rosa pulled out a knife and stabbed Viera in the abdomen, causing a two- to three-inch deep wound and lacerating Viera’s liver.
Viera initially survived his injuries. After his release from the hospital, however, he developed blot clots that collected in his lungs, causing his death 13 days later on Dec. 8, 2006.
The case was tried by former Assistant District Attorney Rahsaan Hall. Assistant District Attorney Teresa Anderson of the DA’s Appellate Unit argued the case on appeal. Rosa was represented by Richard Goldman.
All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.