Motion for a new trial denied in 2005 Deerfield murder

Date: 
09.04.2019

 For immediate release: Sept. 4, 2019

Motion denied for a new trial in 2005 Deerfield gas station murder

A motion for new trial has been denied for Dennis M. Bateman, 55, of Greenfield, who is serving a life sentence for the murder of a Deerfield Sunoco gas station attendant, who was 7 months pregnant, during an April 16, 2005 robbery.

Bateman was convicted in 2007 of the first-degree murder by strangling of Brandy M. Waryasz , 21, and causing the death of her unborn son. He was also found guilty of armed robbery and sentenced to two consecutive life sentences without parole. 

Judge John A. Agostini heard Bateman’s appeal for a new trial during a hearing held in Hampshire Superior Court in May.  Assistant District Attorney Thomas Townsend and First Assistant District Attorney Steven E. Gagne opposed the motion at the hearing. 

“We’re pleased with the thorough and thoughtful decision of Judge Agostini in denying the defendant’s motion for a new trial, “ Northwestern District Attorney David E. Sullivan said.  “And we look forward to defending these convictions in the Supreme Judicial Court.”

In Agostini’s Aug. 30, 2019 decision, he lays out Bateman’s arguments for a new trial as follows:

“Bateman now moves for a new trial pursuant to Mass. R. Crim. P. 30(b), alleging that his

trial was flawed by a plethora of errors, including the following: (1) his right to counsel was

violated by the admission of statements he made to two inmates, Anthony Bogacz and Debrie

Sweeney, who testified for the prosecution; (2) his request for a pretrial voir dire of Bogacz and

Sweeney should have been allowed to ensure the disclosure of exculpatory evidence and to

screen out unreliable evidence; (3) the Commonwealth did not disclose exculpatory evidence

regarding its promises and inducements to cooperating witnesses; (4) the Commonwealth failed

to disclose information that a third-party culprit, Anthony Cox, had an idiosyncratic pattern of

violence against women; (5) newly discovered evidence creates reasonable doubt about

Bateman's guilt: (a) Bogacz’s former cellmate,Victor Marquez, stated in an affidavit that Bogacz

admitted to lying about Batemen’s incriminatory statements, and (b) Brandy's sister may have

been present at the murder scene and may have been seen at a hospital shortly after the murder

and believing falsely that she was pregnant and about to give birth; (6) the extensive publicity on

this case rendered the jury presumptively prejudiced; (7) trial counsel was ineffective in

presenting some exculpatory evidence; and (8) the prosecution misrepresented evidence.”

Agostini explains his reasons for denying the motion in his decision, saying  the evidence offered during the hearing in May failed to convince him that Bateman did not receive a fair trial.

Mary Carey| Communications Director
Northwestern District Attorney's Office

Mary.Carey@State.MA.US | NorthwesternDA.org
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Office (413) 586-9225| Cell (413) 588-4274
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