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Forsyth v. Spencer

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Before Boudin, Stahl and Lipez, Circuit Judges.

Scott Forsyth, appealing after a denial of his petition for habeas corpus, is serving eight to ten years in state prison for assault and battery with a dangerous weapon, malicious destruction of property, and attempted arson. His conviction stemmed from an incident at his mother’s home in the pre-dawn hours of September 10, 2000. During an argument, Forsyth took a nearby can of gasoline and chased his mother into the kitchen with it; spilled gasoline all over the kitchen floor and splashed it onto her head and shoulders; and threatened to set fire to his mother, himself, and the house.

When Forsyth’s mother attempted a 911 call, Forsyth pulled the phone from the wall, but police responded to the interrupted call. Forsyth was thereafter charged in the Massachusetts Superior Court with assault with intent to murder and the three lesser offenses listed above. Just prior to proceedings on December 19, 2000, an unrecorded lobby conference with the presiding judge occurred to discuss a possible guilty plea and sentence. What was said in the conference is evidenced by later affidavits submitted by the three individuals who attended it (in addition to the judge): the prosecutor, Forsyth’s plea counsel, and a probation officer.

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