Murder convict from Sudbury says judge erred in not allowing shirt to be tested for DNA

BOSTON A Sudbury man who is serving a life sentence in prison for killing a Quincy man a decade ago is appealing a judge's decision to block post-conviction DNA testing of evidence.

The Supreme Judicial Court was scheduled to hear William Camuti's motion on Friday. A ruling could take several months.

Camuti, 79, was convicted in 2017 in Middlesex Superior Court of first-degree murder in the 2013 death of Stephen Rakes, 59, of Quincy. Camuti is serving a life sentence with no possibility of parole.

Authorities said Camuti owed Rakes $100,000. On July 16, 2013, Camuti arranged to meet Rakes at a restaurant in Waltham to discuss a real estate deal in Wilmington. At the restaurant, Camuti laced an ice coffee with two teaspoons of potassium cyanide, then gave it to Rakes to drink.

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Camuti then arranged for Rakes to ride with him. Camuti drove around for several hours in different communities, waiting for the stricken Rakes to die. Once this occurred, Camuti dumped Rakes' body in a wooded area in Lincoln. The body was found the following day.

During their investigation, authorities found several suspicious searches on Camuti's computer, including how to buy cyanide and "will the taste of coffee change if it is mixed with sodium or potassium cyanide?"

Camuti requests victim's shirt be tested for DNA

After Camuti's conviction, he requested that a shirt worn by Rakes be tested for DNA. A state trooper had testified during trial that the shirt was not tested. The trooper also said it's possible for skin cells to transfer from one person to another on a shirt, according to the motion made in Middlesex Superior Court requesting the DNA testing.

Camuti argued his defense attorney never brought up the lack of DNA testing on the shirt during his closing argument, adding in his Superior Court motion that the attorney should have done so.

"Mr. Camuti asserted that the Commonwealth’s theory at trial was that he had dragged Mr. Rakes from his car into the woods on the side of Mills Street by standing behind Mr. Rakes with his arms under Mr. Rakes’ arms and either wrapped around Mr. Rakes chest area or on Mr. Rakes’ shoulder/armpit area," according to the motion.

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But, the motion continued, if Rakes' shirt was tested for DNA, it would have shown that Camuti's DNA was not on it. But it may have revealed the DNA of someone else who was responsible for Rakes' death.

Camuti argued that a "reasonably effective attorney" would have made that argument.

In March 2022, Middlesex Superior Court Judge Bruce Henry ruled against the motion.

Camuti argues in appeal that Superior Court judge's ruling is faulty

In his appeal with the SJC, Camuti argues that Henry's ruling is faulty.

"The motion judge stated that if the testing linked Mr. Camuti to Mr. Rakes’ shirt, it would have eviscerated this prominent trial defense," according to the appeal. "The motion judge further concluded that the risks of seeking the DNA testing of the victim's shirt plainly outweighed the potential benefits, and a reasonably effective defense attorney would not take that risk by having DNA testing conducted on Mr. Rakes’ shirt."

The motion argues that the judge should have allowed Rakes' shirt to be tested because the defense attorney did not make the lack of DNA testing on the shirt as part of the defense as he should have. The motion says there was nothing for Camuti to lose if the DNA testing was done, even if it came back with his DNA on the shirt.

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"On the other hand, Mr. Camuti stood to gain enormously if the armpit and shoulder area of Mr. Rakes’ shirt was tested for DNA, and a DNA profile was located which did not match Mr. Camuti," according to the motion. "This would have been by far the most powerful piece of exculpatory evidence that Mr. Camuti could have put before the jury."

Middlesex DA's Office rebuts appeal

The Middlesex District Attorney's Office, in its rebuttal of the appeal, argues that Henry's ruling was correct in that the lack of DNA testing on the shirt was not something a competent defense lawyer would raise because if Camuti's DNA was found, it would have added even more evidence against him.

Also, the DA's Office argues, a lack of Camuti's DNA on the shirt could easily be attributed to him wearing gloves, minimizing its importance as evidence in his favor.

"Furthermore, an inconclusive result, or even a result showing a third party’s DNA, would not have been so strongly exculpatory as to justify the risk of inculpating the defendant," the DA's office asserts. "The absence of the defendant’s DNA could easily be explained by an inference that he was wearing the latex gloves he purchased on the day of the murder, one of which was found in the glove compartment of his car. In light of that inference, even a third party’s DNA would not be powerfully exculpatory."

Neither Camuti's lawyer, Dana Gravina, nor the Middlesex District Attorney's Office could be reached for comment.

Norman Miller can be reached at 508-626-3823 or nmiller@wickedlocal.com. For up-to-date public safety news, follow him on X @Norman_MillerMW or on Facebook at facebook.com/NormanMillerCrime.

This article originally appeared on MetroWest Daily News: Sudbury murder convict appeals judge's decision not allow DNA testing