Prosecution, defense rest in Malloy murder trial

Steven Malloy, 35, appears in Hampshire Superior Court on Wednesday during his trial for first-degree murder.

Steven Malloy, 35, appears in Hampshire Superior Court on Wednesday during his trial for first-degree murder. STAFF PHOTO/ALEXANDER MACDOUGALL

Corey Mackey of the Massachusetts State Police takes the stand during the trial of Steven Malloy, who faces a first-degree murder charge for the death of Joseph Fillio of Pittsfield.

Corey Mackey of the Massachusetts State Police takes the stand during the trial of Steven Malloy, who faces a first-degree murder charge for the death of Joseph Fillio of Pittsfield. STAFF PHOTO/ALEXANDER MACDOUGALL

By ALEXANDER MACDOUGALL

Staff Writer

Published: 10-23-2024 3:09 PM

After a few final questions and submissions of evidence, the prosecution and defense have rested in the case of Steven Malloy, who is on trial for first-degree murder for the death of Joseph Fillio, 39, of Pittsfield.

Fillio died from a gunshot wound in a Northampton apartment on Randolph Place on Dec. 1, 2021. A witness in the case, Todd Wilchek, testified in court he saw Malloy pull out a gun that night and place it at Fillio’s temple before pulling the trigger. Though the firearm that caused Fillio’s death was never recovered by the police, a description of the gun by Wilchek matches a photo of a Ruger LCP semiautomatic pistol with an attached laser sight that was found on Malloy’s phone following a forensic analysis by police.

Malloy, 35, of Northampton, has pleaded not guilty in the case. His attorney, Joseph Perullo, has argued that Malloy had not been the one to fire the gun, and has implied throughout the trial that Fillio was suicidal and may have pulled the trigger on himself. On Wednesday, Perullo submitted a medical record from the Berkshire Medical Center ostensibly to support the claim that Fillio was suicidal.

The prosecution rested its case on Wednesday following the defense’s cross-examination of Robert Patterson, a firearms analyst for the Massachusetts State Police. Perullo asked Patterson whether the way the firearm is held can affect the angle of firing and whether the Ruger gun in the photo showed any signs of wearing out or degradation that might affect its operation. Patterson responded in the affirmative for the first question, and to the second responded that the gun did show signs of “holster rash,” where part of the grip of a handgun has deteriorated.

On redirect, Assistant District Attorney Matthew Thomas asked if there were other guns in considerably worse condition than the Ruger gun in the photo that Patterson had test-fired that still worked. Patterson responded that he had, saying he had even once test-fired a gun from the year 1795 that still worked.

The prosecution then rested.

Perullo called two more witnesses to the stand. The first was Jeffrey Hoess-Brooks, the general manager of the Hotel Northampton and Fairfield Inn, where Malloy had been staying just before the night of Fillio’s death. Perullo asked Hoess-Brooks if the background furniture or carpeting in the photo of the gun matched that of the hotel, with Hoess-Brooks responding it did not.

Perullo then also called Corey Mackey, a lieutenant with the Massachusetts State Police who was a sergeant at the time of Fillio’s death. Perullo presented a warrant by the State Police requesting a search of an apartment at Live 155, an apartment complex near where the shooting happened. Perullo said the warrant showed that two other people who had been in the Randolph Place apartment at the time of Fillio’s death, Chhieng Iv and Jessica Dupell, had entered an apartment at Live 155 shortly after the death and had changed clothes there before leaving.

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The warrant was to search the Live 155 apartment to look for the gun used in the shooting, along with a scarf and vest belonging to Iv, although only the scarf was retrieved.

Perullo then submitted two final pieces of evidence to the court: the Berkshire Medical Center record for Fillio and security footage of a locker space in Northampton that was used by Malloy. The defense then rested.

The jury returns on Thursday for closing arguments by both parties and then will move on to deliberation in the case.

Alexander MacDougall can be reached at amacdougall@gazettenet.com.