The infamous pervert who’s served 10 years in prison for killing 10-year-old Jeffrey Curley of Cambridge is demanding a new trial, arguing jurors who convicted him had no right to hear he was sexually attracted to little boys.
Charles Jaynes’ attorney, Janet Hetherwick Pumphrey, said yesterday the monstrous murderer does not claim he is innocent of kidnapping the child on Oct. 1, 1997.
Rather, Pumphrey explained, Jaynes’ sexual proclivity was irrelevant because, “This was a kidnapping-murder case. He’s just claiming his trial was unfair.”
With help from his boyfriend Salvatore Sicari, Jaynes smothered Jeffrey with gasoline for refusing to submit to sex and dumped the boy’s naked, concrete-spattered body in a Maine river in a Rubbermaid container. The heartlesness and vile nature of the crime shocked the nation.
Jaynes, 33, maintains that written and oral statements he made expressing his desire for Jeffrey and other boys should not have been admitted into evidence, and that a witness’ remark that he was a “pedophile” should have been grounds for a mistrial, court records state.
Yesterday, the cowardly killer shuffled into Middlesex Superior Judge Hiller B. Zobel’s courtroom to present his case, but panicked upon seeing news cameras and retreated to a holding area, screaming for his lawyer.
When Zobel refused to indulge him, Jaynes agreed to come out with a denim jacket pulled over his head.
Zobel cautioned Pumphrey, “I have not decided if I’m going to have a hearing on this motion.”
The Supreme Judicial Court in 2002 turned down Jaynes’ first bid for a new trial, denying his claim that the public was wrongly barred from a portion of jury selection.
Jaynes was sentenced to life, plus 9 to 10 years, for kidnapping and second-degree murder, could eventually be eligible for parole. Sicari, found guilty of first-degree murder, will serve life.
In his statement, Sicari described the killing. While he drove Jaynes’ Cadillac, he explained, the 250-pound Jaynes sat on Curley in the back seat. As Curley struggled, Jaynes allegedly told him, “Don’t fight it.” Jaynes then placed a gasoline soaked rag to the boy’s mouth and held it there, killing him, Sicari said.
After the killing, Sicari told police, he and Jaynes drove to numerous stores to buy the items necessary to dispose of Curley’s body. Video cameras in two of the stores captured the men at the checkout counter purchasing a Rubbermaid container, a bag of lime and a bag of concrete. The men then left Massachusetts and drove north to Jaynes’ apartment in Manchester, New Hampshire. There, according to Sicari, Jaynes took off Curley’s clothes and molested the boy’s dead body. The sight of this made him ill, said Sicari. When he ran to the bathroom, Jaynes told him, “Don’t be a baby. Come out here and help me — he’s starting to stiffen up.”
Sicari then admitted to helping Jaynes prepare the body. First they placed Curley’s body in the cement-filled Rubbermaid container, put lime on his face and in his mouth to speed decomposition, and sealed the container with duct tape. Then they drove to Maine, where they dumped the container into a river, Sicari said.
Prosecutors believed that Sicari and Jaynes lured Curley into Jaynes’ Cadillac with the promise of $50 and a bicycle. One or both of the men allegedly made sexual advances towards the boy, then suffocated him when he resisted.