DEFENSE COUNSEL’S FAILURE TO OBTAIN AND USE DAVID NAGLE’S

COMPLETE CRIMINAL/PROBATION RECORD.

As the Supreme Judicial Court noted in the Defendants direct appeal, “Nagle testified for the Commonwealth on direct examination. He admitted that he had been convicted of numerous crimes,” Commonwealth v. Rodwell, 394 Mass. 694, 695 (1985). The Court then, in a footnote, listed Nagle’s crimes that were brought out at the trial. Id. M.1. In all, twelve (I2) crimes were brought out; one (1) assault by means of a dangerous weapon., one (1) armed robbery, one (1) drug offense, one (1) uttering, and eight (8) larcenies. This is the record of a petty thief which is exactly the impression the prosecutor wished to present to the jury. Nagle’s real criminal record, however, paints an entirely different picture; one which the jury never saw.

David P. Nagle’s criminal record up to 1986 (not including 1990’s crimes) is as follows:

05/07/86 MIDDLESEX- SUPERIOR COURT DKT #86-.1378

OFFENSE: ARMED ROBBERY – GUN

DISPOSITION: 7/2/86 21-25YR CMTD STATUS: CLOSED

05/07/86 MIDDLESEX SUPERIOR COURT DKT#86-1379

OFFENSE: ARMED ROBBERY

DISPOSITION: C 7/2/86 LIFE CMTD STATUS: CLOSED

11/06/85 MIDDLESEX SUPERIOR DKT#85-2548

OFFENSE- ARMED ROBBERY - SHOTGUN

DISPOSITION- 7/2/86 21-25YR CMTD STATUS:CLOSED

11/06/85 MIDDLESEX SUPERIOR DKT#85-2549

OFFENSE: ARMED ROBBERY

DISPOSITION: 7/2/86 FILE STATUS:CLOSED

11/06/85 MIDDLESEX SUPERIOR DKT#85-2550

OFFENSE: ARMED ASSAULT TO ROB

DISPOSITION: 7/2/86 FILE STATUS:CLOSED

11/06/85 MIDDLESEX SUPERIOR DKT#85-2551

OFFENSE- ASSAULT WITH DANGEROUS WEAPON

DISPOSITION: 7/2/86 FILE STATUS:CLOSED

11/06/85 MIDDLESEX SUPERIOR DKT#85-2552

OFFENSE- ARMED ASSAULT TO ROB

DISPOSITION: 7/2/86 FILE STATUS:CLOSED

06/01/85 NEWTON DISTRICT DKT#85-CR953

OFFENSE: ARMED ROBBERY

05/28/85 BOSTON FEDERAL DKT#85-1991

OFFENSE: ARMED ROBBERY – BANK

DISPOSITION 1OYR CMTD STATUS: CLOSED

04/26/85 BRIGHTON DISTRICT DKT#85-CR1O48A

OFFENSE: ARMED ROBBERY

DISPOSITION C 5/3/85 BO STATUS: CLOSED

04/26/85 BRIGHTON DISTRICT DKT#85-CR1048B

OFFENSE: ARMED ROBBERY

DISPOSITION: C 5/3/85 BO STATUS:CLOSED

04/26/85 BRIGHTON DISTRICT DKT#85-CR1109A

OFFENSE: ARMED ROBBERY – MASKED

DISPOSITION: C 5/3/85 DO STATUS:CLOSED

04/26/85 BRIGHTON DISTRICT DKT#85-CR1178A

OFFENSE: ARMED ROBBERY (ROB ARM)

DISPOSITION: C 5/3/85 BO STATUS: CLOSED

04/26/85 BRIGHTON DISTRICT DKT#85-1194A

OFFENSE: ARMED ROBBERY

DISPOSITION: C5/3/85 BO STATUS: CLOSED

04/26/85 BRIGHTON DISTRICT DKT#85-1194B

OFFENSE: ARMED ROBBERY

DISPOSITION-. C 5/3/85 @ BO STATUS:CLOSED

04/26/85 BRIGHTON DISTRICT DK#85-CRl396A

OFFENSE: ARMED ROBBERY

DISPOSITION: C 5/3/85 BO STATUS: CLOSED

04/24/85 BARNSTABLE DISTRICT DKT#85-3275A

OFFENSE: LARCENY OF A MV

DISPOSITION- C 4/30/85 2YR CMTD STATUS: CLOSED

04/24/85 BARNSTABLE DISTRICT DKT#85-3275B

OFFENSE: KNOWINGLY REC. STOLEN PROPERTY

DISPOSITION: C 4/30/85 2YR CMTD STATUS: CLOSED

04/24/85 BARNSTABLE DISTRICT DK-1 #85-3275C

OFFENSE: KNOWINGLY REC. STOLEN PROPERTY STATUS:CLOSED

04/24/85 BARNSTABLE DISTRICT DKT#85-3275D

OFFENSE: POSS HYPODERMIC OR SYRINGE

DISPOSITION; N.C. 4/30/85 – 1 YR CMTD STATUS:CLOSED

02/11/85 BROOKLINE DISTRICT DKT#: 0514

OFFENSE: ARMED ROBBERY

DISPOSITION: DF War STATUS:OPEN

David Nagle was paroled in 1984 after a recommendation to the Massachusetts Parole Board by the Drug Enforcement Agency (DEA), for Nagle having worked for their agency in New York City in 1982 and also in Massachusetts as an undercover agent while being a prisoner at the County House of Correction in Greenfield, Massachusetts.

After Nagle’s parole in 1984, he committed twelve (12) additional robberies in 1985. Since his sentencing to a life sentence in 1986, he was released again in the 1990s.

All of these events had taken place while the Massachusetts Supreme Court was ruling on my son’s direct appeal in 1985. This evidence was not discovered until 1991, long after the first Habeas Corpus petition in 1987.

03/30/82 MIDDLESEX SUPERIOR DKT#: 80-3006

OFFENSE: ARMED ROBBERY (2 CNTS)

DISPOSITION: 7-12YR CMTD STATUS:CLOSED

03/30/82 MIDDLESEX SUPERIOR DKT#: 80-3007

OFFENSE: KIDNAPPING

DISPOSITION 7-12 YR CMTD STATUS: CLOSED

02/26/82 SUFFOLK SUPERIOR

OFFENSE: ARMED ROBBERY

DISPOSITION: 7-12 YR CMTD STATUS: CLOSED

02/26/82 SUFFOLK SUPERIOR

OFFENSE: ARMED ROBBERY

DISPOSITION: 7-12YR CMTD (3 CNTS) STATUS- CLOSED

Rodwell Trial November 1981

5/13/81 WALTHAM DISTRICT DKT# 1074

OFFENSE-. ARMED ROBBERY

DISPOSITION: C 6/l/81 NPC STATUS: CLOSED

5/13/81 WALTHAM DISTRICT DKT# 1075

OFFENSE: FIREARM VIOLATION – CARRY

DISPOSITION: C 6/l/81 NS STATUS:CLOSED

05/13/81 WALTHAM DISTRICT DKT#: 1076

OFFENSE: KNOWINGLY REC. STOLEN PROPERTY- MV

DISPOSITION C 6/1/81 NPC STATUS:CLOSED

05/01/81 BRIGHTON DISTRICT DKT# 2054

OFFENSE: ARMED ROBBERY

DISPOSITION: C 5/18/81 BO STATUS- CLOSED

04/22/81 BRIGHTON DISTRICT DKT#: 1709

OFFENSE: LARCENY OF A MV

DISPOSITION: C 5/16/81 BO STATUS:CLOSED

04/22/81 BRIGHTON DISTRICT DKT#: 1829

OFFENSE: ARMED ROBBERY

DISPOSITION: C 5/18/81 BO STATUS: CLOSED

04/22/81 BRIGHTON DISTRICT DKT#: 1839

OFFENSE: ARMED ROBBERY

DISPOSITION: C 5/18/81 BO STATUS: CLOSED

12/16/80 PLYMOUTH SUPERIOR DKT#: 74687

OFFENSE: THEFT OF A FIREARM

DISPOSITION: DF 3/18/82 D/R,C 3/18/82 FILE STATUS: CLOSED

12/16/80 PLYMOUTH SUPERIOR DKT#: 74688

OFFENSE- FIREARM VIOLATION - CARRY

DISPOSITION: DF 3/16/82 D/R C 3/18/82 1 YR CMTD STATUS: CLOSED

11/07/80 BRIGHTON DISTRICT DKT#- 5874

OFFENSE: KNOWINGLY REC. STOLEN PROP

DISPOSITION: Prob 11/28/83 DF WAR D/R of WAR

4/26/82 D/R C STATUS: CLOSED

10/30/80 PLYMOUTH DISTRICT DKT#- 42898

OFFENSE: THEFT OF A FIREARM

DISPOSITION: C 12/7/80 DISM STATUS: CLOSED

05/09/80 SOMERVILLE DISTRICT DKT#- 1022

OFFENSE: KIDNAPPING

DISPOSITION: C 9/30/80 BO STATUS:CLOSED

05/09/80 SOMERVILLE DISTRICT DKT#: 1023

OFFENSE: ARMED ROBBERY

DISPOSITION: C 9/30/80 DO STATUS: CLOSED

01/07/79 BRIGHTON DISTRICT DKT#: 2226

OFFENSE: ARMED ROBBERY

DISPOSITION: C 4/30/79 NPC STATUS: CLOSED

10/28/76 BOSTON MUNICIPAL DISTRICT

OFFENSE: ASSAULT WITH DANGEROUS WEAPON

DISPOSITION: CMTD SS 10/25/78 STATUS: OPEN

10/28/76 BOSTON MUNICIPAL DISTRICT

OFFENSE: LARCENY FROM A PERSON

DISPOSITION: CMTD SS 10/25/78 DF WAR STATUS: OPEN

07/13/76 BRIGHTON DISTRICT

OFFENSE: LARCENY FROM A PERSON

DISPOSITION: C 8/16/76 2 YR CMTD APP WD

9/14/76 2 YR CMTDR/R 13 MO CMTD STATUS: CLOSED

07/13/76 BRIGHTON DISTRICT

OFFENSE: LARCENY

DISPOSITION: C 8/16/76 2YR CMTD APP WD 9/14/76

2YR CMTD RIR 13 MO CMTD STATUS: CLOSED

07/02/76 BROOKLINE DISTRICT

OFFENSE: LARCENY-CURRENCY 403316zz

DISPOSITION: C 7/9/76 18MO CMTD APP

APP WD 9/24/76 18MO CMTD STATUS: CLOSED

06/03/76 SUFFOLK SUPERIOR 403307zz

OFFENSE: ARMED ROBBERY

DISPOSITION: DF WAR STATUS:OPEN

06/02/76 BRIGHTON DISTRICT 403306zz

OFFENSE: ARMED ROBBERY

DISPOSITION: DF WAR STATUS.-OPEN

06/02/76 BRIGHTON DISTRICT 403306zz

OFFENSE: LARCENY OF A MV

DISPOSITION: DF 7/13,/76 D/R C 8/16/76 2YR CMTD

APP WD 9/14/76 2 YR CMTD

R/R 13 MO CMTD STATUS: CLOSED

11/24/75 BRIGHTON DISTRICT

OFFENSE: ARMED ROBBERY

DISPOSITION: DF (2 CNTS) 2/3/76 D/R 2YR

CMTD APP R/R 13MO CMTD STATUS: CLOSED

01/27/75 NORFOLK SUPERIOR

OFFENSE: LARCENY FROM A PERSON

DISPOSITION: 2YR CMTD (5 CNTS) STATUS: CLOSED

01/20/75 SUFFOLK SUPERIOR

OFFENSE: LARCENY FROM A PERSON

DISPOSITION: 2YR CMTD, (3 CNTS) STATUS: CLOSED.

01/20/75 SUFFOLK SUPERIOR

OFFENSE: KNOWINGLY REC STOLEN PROP.

DISPOSITION: 2 YR CMTD, (4 CNTS) STATUS: CLOSED