Lamb claims that his Sixth Amendment rights were violated when members of his family were prevented from entering the courtroom while it was in session.
PITTSFIELD — An appeal of his 2006 murder conviction alleges that Damien Lamb was denied his rights to an public trial, after court personnel kept Lamb's family, journalists and the general public from entering the courtroom as attorneys for the defense and prosecution empanaled a jury.
Lamb was convicted of second degree murder for killing 21-year-old Brandon LaBonte in 2005. According to prosecutors, Lamb handcuffed LaBonte to a tree, strangled him, beat him with a shovel and stomped the victim's body, all over a $150 debt. Police were never able to find LaBonte's remains.
The Berkshire Eagle reported that Northampton attorney Michael Malkovich argued in Pittsfield Superior Court Monday, that Lamb's family and friends were denied access to the courtroom during certain portions of the trial which violated Lamb's Sixth Amendment rights.
Mary Dewkett testified that she was prevented from entering the courtroom by a court officer during jury selection, as were Terri Vivencio, Lamb's aunt, and his cousin John Davies. Davies recalled talking to a Berkshire Eagle reporter in the court hallway when no one was allowed in the courtroom.
However, reporter Jack Dew told the court he remembered once being prevented from entering a court during jury trial during the nine years he covered the Berkshire court, but could not remember if it was the Lamb trial.
For his part, prosecutor Joseph Pieropan called a succession of court officers and employees of the District Attorney's Office to the stand, all of whom denied preventing anyone from entering the court room when it was in session.
Lamb's original defense attorney, William Rota said he was unaware of anyone being denied access to the court.
Final arguments in the appeal are scheduled for Sept.19, after which Judge John A. Agostini, who oversaw the original trial, will issue his decision.