GREENFIELD, Mass. (WWLP)– A Franklin County Superior Court judge has denied a new trial for a man convicted of murder in 1996.

Elvio Marrero had been convicted of first degree murder by a jury in the killing of 27-year-old Pernell Kimplin in Greenfield. He sought a new trial due to his assertions that his attorneys were ineffective, the state withheld evidence, and DNA testing proved his innocence.

According to a news release from the Northwestern District Attorney’s office, this was Marrero’s fourth unsuccessful attempt to overturn his murder conviction. The Supreme Judicial Court upheld his conviction on appeal in 1998, and two previous motions for new trial—filed in 2002 and 2011—were also denied.

His fourth and latest motion was filed in 2020, after which, over a period of three days in December of
2021 and February 2022, Superior Court Judge Michael K. Callan oversaw an evidentiary hearing on the matter.

Callan ruled that Marrero’s attorneys did not fail him, and that while some potentially favorable evidence had not been provided to Marrero, it would not have had any impact in the jury’s deliberation. He also found that subsequent DNA testing did not support Marrero’s claim of innocence, nor was DNA a central factor in the prosecution’s case against him.

Judge Callan wrote: “In conclusion, Marrero has not shown that the results of the post-conviction DNA
testing and analysis would probably have been a factor in the jury’s deliberations or that this new
evidence casts real doubt on the justice of the conviction.”

Marrero now has the right to appeal the denial of the motion for new trial, which would be heard by the
Supreme Judicial Court.