Commonwealth of Massachusetts
County of Hampshire
The Superior Court
CRIMINAL DOCKET# HSCR1994-00093
RE: Commonwealth v Dostie, Sandra
TO:Sandra F Bloomenthal, Esquire
Bloomenthal & Bloomenthal
13 Felton Street
Waltham, MA 02451
CLERK'S NOTICE
This is to notify you that in the above referenced case the Court's action on
04/29/2011 is as follows:
Defendant's motion for new trial or, and the alternative, for an evidentiary hearing along
with Affidavit and Memorandum in Support
MOTION (P#90) denied (Constance M. Sweeney) The defendant's motion for a
new trial is Denied. Almost 16 years after the conviction for murdering her
stepson, the defendant seeks a new trial on unsupported grounds that one of her
defense attorneys imparted unspecified privileged communications to a reporter
for Boston Magazine. A letter, which the defendant claims was written by the
reporter to one of the defense attorneys, does not assist the defendant. The
author of the letter writes that the defense attorney in question was not part of
the "defense team" to whom the Boston Magazine attributed certain information
regarding the case. Indeed the author of the letter states that she was aware of
the potential for "wires to cross" and took care to avoid that from occurring. The
defendant fails to provide any credible basis for her allegation that one of her
attorney's violated the ethical obligations attendant on the attorney-client
relationship. Moreover she fails to suggest any nexus between the alleged breach
of confidentiality and her conviction. It is apparent from the roughly cobbled
motion and memorandum that the defendant is using this unfounded allegation to
gain a new trial and then present a defense of lack of criminal responsibility. She
was well represented at trial, particularly by her highly experienced and skilled
chief trial counsel, who is not the attorney implicated in the motion. Evidently the
defendant now wants the jury to believe that she was in a psychotic state when
she killed the little boy, Eric Dostie. During trial she swore under oath that she
had not killed the child but rather that she and Eric were victimized by
unidentified intruder(s). The jury chose to believe compelling evidence that she
killed the child because she resented the fiscal strain placed on the family
because of child support payments. The evidence revealed that the defendant
hatched an elaborate plan to murder the child and an even more elaborate plan to
deflect suspicion away from her. She is not entitled to nor does she deserve a
new trial. Copies mailed April 29, 2011.