Commonwealth v. Roberio

In August, 1987, a jury found the defendant guilty of murder in the first degree, as well as of armed robbery. We reversed those convictions because of ineffective assistance of counsel, based on trial counsel’s failure to raise the defense of lack of criminal responsibility due to the defendant’s psychologi*246cal disorders combined with his use of alcohol. Commonwealth v. Roberio, 428 Mass. 278 (1998). On retrial, in January, 2000, the defendant was convicted of the same offenses. His murder conviction was premised on theories of felony-murder,1 deliberate premeditation, and extreme atrocity or…