Judge has wide leeway in Chism sentencingBy Laura Crimaldi Globe Staff December 16, 2015
Philip D. Chism’s punishment for the murder and rape of his Danvers High School math teacher in 2013 will come with a chance for parole. The question for the judge is how much time should the teenager serve before he gets a shot at freedom.
Timing and Chism’s age play significant roles in the potential penalties facing the teenager, who was convicted Tuesday of first-degree murder, aggravated rape, and armed robbery for killing Colleen Ritzer on Oct. 22, 2013, several legal experts said Wednesday.
Judge David A. Lowy, who presided over Chism’s trial in Essex Superior Court, must sentence him. A sentencing date has not been set, but lawyers for both sides are scheduled to meet with Lowy next week.
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Under a retroactive Massachusetts Supreme Judicial Court ruling about juveniles convicted of first-degree murder, Chism, 16, cannot be sentenced to life in prison without the possibility of parole. He was 14 when he killed Ritzer.
The SJC decision was rendered two months after Ritzer, 24, was killed. The Legislature later enacted new punishments for juveniles convicted of first-degree murder, but that law does not apply to Chism, according to Chapman and the office of Essex District Attorney Jonathan W. Blodgett, which prosecuted the case.
“You can’t punish him under the current statute because it didn’t exist at the time Philip Chism committed the crime,” said Chapman, a former prosecutor and past president of the Massachusetts Defense Lawyers Association.
Blodgett’s office has said Chism faces a life sentence with the possibility of parole after 15 to 25 years for murder.
For the armed robbery and aggravated rape convictions, prosecutors said, Chism could be given a life term with a chance for parole after 15 years.
Lowy has the authority to order Chism to serve sentences for each of the crimes concurrently or consecutively, Blodgett’s office said.
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