Murder Conviction In Hyannis Shooting Upheld

BARNSTABLE, MA — The state Supreme Judicial Court upheld the murder conviction of a Newton man who prosecutors said shot and killed his sister's brother-in-law in Hyannis in 2009. Robert Upton, 55, was convicted of first degree murder on theories of deliberate premeditation and felony-murder with the predicate felony being attempted armed robbery. Upton was sentenced to life in prison with no possibility of parole.

In January 2013, a Barnstable Superior Court jury found Upton guilty of killing Aris Manoloules, 47, of Hyannis.

Prosecutors told the jury Upton was having financial problems, and Upton's sister's husband Treefon Manoloules offered him $165,000 to kill Manoloules, Treefon's brother. Upton needed money to support his double life, which included both a family and a secret girlfriend, unaware of his marriage, prosecutors said.

Treefon Manoloules wanted his share of a family inheritance, as the brothers' mother had lefther entire estate to Manoloules, her caretaker. Prosecutors said Upton asked his nephew, Christopher Manloules, to murder Aris Manloules. On September 29, 2009, Upton and Christopher went to Aris Manoloules' house in Hyannis.

The next day,police said they found Aris Manloules dead with four gunshot wounds. Prosecutors said Upton walked into the family room and shot Aris Manloules while he was watching the Red Sox.

On appeal, Upton's attorney argued newly discovered evidence that included testimony by Christopher Manoloules indicated that the prosecution failed to disclose a plea agreement with him at the time of trial. The defense said the trial judge erred in denying his second motion for a new trial without an evidentiary hearing.

In its decision, the Supreme Judicial Court rejected all of Uptons challenges. The Court found that there was no undisclosed plea agreement with Christopher Manoloules. The Court held that the testimony of Christopher does not qualify as newly discovered evidence as the civil trial involved different parties and different burdens of proof.