TAUNTON — Judge Lawrence Moniz continued Michelle Carter's manslaughter trial to June 5, but scolded her defense attorney, Joseph Cataldo, on Friday for filing the request so close to the original trial date.
The trial had been scheduled to start March 6 in Taunton Juvenile Court.
Over the objection of prosecutor Katie Rayburn, the judge said he granted the continuance because of the complexity of the case, adding he will not approve any further continuances.
The judge complained that notice of Cataldo's motion was given to the Bristol County District Attorney's office only 2? days ago. "Why is the court getting a motion to continue without very much notice to your sister?" he asked, referring to Rayburn. "It puts the prosecution at a disadvantage."
"I don't think so," said Cataldo, explaining he told the court last month he intended to seek a continuance. "I don't think it's unfair to the commonwealth."
"I don't find that acceptable. If it was done to you, you would not like it. You would say it puts you at a disadvantage," the judge said back to the attorney.
The judge said it is approaching three years since Conrad Roy III, 18, of Mattapoisett died and Carter's indictment is two years old.
Carter, 20, of Plainville is charged with involuntary manslaughter in Roy's death when she was 17. Prosecutors have said that in texts she encouraged him to take his own life. Roy's body was found in his pickup truck near the Kmart off Route 6 in Fairhaven on July 13, 2014. He died of carbon monoxide poisoning. Police found a gasoline-operated water pump in the back seat.
Cataldo said he needs the extra time to properly examine "hundreds of thousands of digital records," which are contained on four computers and Roy's SnapChat account. "They need to be culled out and I need to determine what is relevant," he said. "There's a lot of information to go through. I'm asking for 90 days."
The attorney said he is especially interested in "a selfie video" that Roy took a few weeks before his death, in which he talks about taking his own life. "It shows Roy's general state of mind. It shows he is clearly not under the influence of Michelle Carter," he told reporters in an interview outside the courthouse.
Rayburn vigorously opposed the defense motion, saying the material he wants to examine has been readily available.