Michelle Carter's Defense Denied Motion To Dismiss Case
TAUNTON (CBS) -- The defense team for Michelle Carter, a 20-year-old accused of encouraging her boyfriend to kill himself, was denied their motion to throw out the case Friday.
Judge Lawrence Moniz announced his decision to continue with the trial at 11 a.m.
Conrad Roy, 18, was found dead in his pickup truck at a K-Mart on July 12, 2014, after police say he filled the cab with carbon monoxide. On his phone, were a series of text messages and phone calls from Carter that prosecutors say, show how she was pushing Roy to commit suicide.
In an argument to drop the case, the defense said that Roy was already determined to commit suicide and Carter became caught up in it.
They also stated that law was on their side: nothing outlaws attempted or encouraged suicide.
Prosecutors rebutted the motion saying that "convincing someone to kill themselves is infliction of bodily injury."
It is unknown whether Carter will take the stand in her own defense now that the motion has failed.
Following the denial, the defense moved forward by trying to focus on Roy's issues at home.
Mattapoisett Police Officer Justin King was brought to the stand and testified to responding to an assault call at Roy's house in February 2014 where found the teen with injuries to his face.
Digital Forensics expert Stephen Verronneau also took the stand for the defense. He said he found Google searches for ways to commit suicide on Roy's computer.
Prosecutors spent the week presenting phone records between Carter and Roy, including text messages that talk about when Roy should kill himself and how.
One text message read in court showed that Carter wrote to Roy, "all you have to do is turn on the generator and you will be free and happy."
Another said, "You're so hesitant because you keep over thinking it and keep pushing it off. You just need to do it, Conrad."
Prosecutors also say Carter was on the phone with Roy for about 45 minutes while he inhaled carbon monoxide, but did not call 911.
They allege she did so because she sought attention from classmates, and wanted to play the role of a grieving girlfriend.
Carter was playing a "sick game of life and death," prosecutors said.
In a police interview, Carter says she could have done more to help him. "I was trying to get help for him sooner," she said. "I wanted him to go with me. I should have done something sooner."
On Monday, Carter waived her right to a jury trial, meaning that Judge Lawrence Moniz will now act as jury, and members of the community won't decide her guilt or innocence.
WBZ NewsRadio 1030's Kim Tunnicliffe reports
