The Massachusetts lawyer defending a teen accused of encouraging her friend to commit suicide has filed a motion to have his client’s case thrown out on the premise that no crime was actually committed.
“There’s no law in Massachusetts that says you can’t encourage someone else to commit suicide, like there is in some other states,” attorney Joseph Cataldo said in court, the Boston Herald reports.
Cataldo reportedly filed the motion on Monday, citing “insufficient evidence” for his client’s indictment, also noting that she was a youthful offender (Carter was 17 at the time of the Roy’s death).
Last July, Roy was found dead in his truck from carbon monoxide poisoning.
Carter was indicted in February when police found her written admission to a friend, stating that she advised Roy to “get back in” his truck during a phone call in which he admitted being scared and not wanting to leave his family.
Carter’s parent’s and family attorney denied the allegation that she was involved and all stated she was innocent and overwhelmed by suicidal talk from Roy before his death.
If the case is not dismissed, Carter could spend up to 20 years behind bars.
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