High Court Reverses Murder Conviction of Worcester Man

The highest court in Massachusetts has reversed the murder conviction of a Worcester man charged with fatally shooting a college student in the neck during a drug-related robbery.

Donovan K. Smith was convicted in 2012 of first-degree murder in the 2010 slaying of Michelle Diaz.

Prosecutors say Smith shot the Worcester State University student in the neck as they sat in her car. Diaz died days later.

In his appeal, Smith contended that although he initially waived his Miranda rights, he later invoked his constitutional right to remain silent when he said he was "done talking," but that police continued with questioning.

The Supreme Judicial Court in its ruling Friday said when police continued questioning Smith they "created a substantial likelihood of a miscarriage of justice," and Smith should get a new trial. 

Copyright AP - Associated Press
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