Brian

On January 22, 1996, Brian was living in Westport, MA. He shared a house with Steve Morton, with whom he worked part time at Oasis nightclub, also in Westport.  Brian was living in the furnished basement of the house, although he had full access and use of the entire home. Brian was 26 years old and dating 20-year-old Ami Sneed. Brian had known Sneed for about five months, and they had been casually dating for about three months.

Christopher: preexisting injury 

Christpher was treated in the ER on January 13, 1996. An x-ray revealed a displaced fracture of the mid-clavicle. Ami reported (and testified) that she (alone) witnessed Christopher fall about ten days prior to his death. She told the jury that while leaving her mother’s apartment, Christopher jumped off the last two stairs and fell head-first. While he was symptomatic for at least two days, she did not bother taking him to the ER until reportedly prompted by her mother while babysitting.  (Note: Brian was not with Ami at her mother’s house when this reported fall occurred, nor was he present when Ami took Christopher to the ER.)

Discharge instructions included a head sheet (to watch for symptoms associated with a head injury); follow up with the pediatrician, Dr. Leimert; and to “return earlier if any problems.” (Note: biomechanical engineer Dr. Chris Van Ee testified at the 2025 evidentiary hearing that Ami’s accounting of the fall does not adequately explain how Christopher’s clavicle fracture happened. In his affidavit, Dr. Van Ee stated, “it is well established that clavicle fractures are most commonly caused by a direct impact to the shoulder; most typically, direct impact to the outer part of the shoulder…or – in rare cases – indirect impact to the clavicle via a fall onto an outstretched arm.” However, “a single impact to the forehead, without direct or indirect trauma to the shoulder, could not have caused the clavicle fracture.”)

No good deed

Sneed and her two children, Christopher, age 3, and Tarisa, age 4 spent the previous night at Brian’s home because her electricity had been turned off for non-payment. Brian had gone to Ami’s apartment and found the children wearing coats. The house was dark but for a lit candle or two. He offered to drive them to Sneed’s mother’s house; however, Sneed said that her mother was trying to take her kids away from her so she could not ask her for help. Brian felt that he had no choice but to offer to shelter Sneed and her two young children.

That day

On the morning of January 22^nd, Brian was awakened by his 4yo daughter, Amber who had spent the night at his house. He played with her for a while. Sneed was already awake with her kids. Steve Morton was also home. Brian noticed that Christopher was acting funny. Brian told Sneed that she should call the pediatrician because that’s what she was supposed to do if there were further problems with him feeling dizzy. Sneed said that if Christopher was not better by the afternoon that she would call then. (Note: Brian was not aware that an appointment was scheduled and missed before they even left the house. See Ami Sneed: The Unreliable Reporter.)

By the time they all got into Brian’s truck around 9:00am or so, Christopher was lethargic. Ami decided not to send him to day care. Brian suggested dropping him off at Sneed’s mother’s house, but Sneed had again said that she was not getting along with her mother. Brian offered to watch Christopher as he had been home recovering from a work injury. After dropping off Tarisa, Amber and Ami; Brian and Christopher headed to the Westport Fire Station to pick up an application for a call firefighter.

Back at the house, Christopher went downstairs and Brian put a movie on for him before going upstairs to complete the WFD application and hang out with Steve. (Note: Both Brian and Steve later reported to the police that they witnessed Christopher lose his balance several times in the few hours they were with him that morning.)

Christopher later sat with Brian and Steve watching TV. They left around lunch time to pick up Sneed from class.

When leaving the house, Christopher complained that his head and belly were hurting. Brian said that they will tell his mommy.

Later

On the evening of the 22nd, sometime between 5:30-6:00pm, Sneed and Brian were upstairs, while the children were in the furnished basement watching TV. Brian was down the hall in the bathroom and Sneed was in the living room, closest to the basement stairs, smoking a cigarette. Tarisa was yelling from the basement that her brother was throwing up. Brian exited the bathroom and met Sneed in the hall walking towards the basement. They both went downstairs together and found Christopher having what appeared to be a seizure, convulsing and throwing up.

Brian administered CPR but Christopher’s eyes were bloodshot and rolling back in his head. He was unresponsive. They rushed Christopher a mile down the road to a Westport Fire Station where they were met by paramedics. Christopher was transported to the St. Anne’s Hospital, in Fall River, MA. Brian, Sneed and Tarisa followed.

At the hospital

Sneed was taken alone into a side room to be interviewed by Westport Police Detectives, Michael Roussel and Mario Lewis.  (Note: there are no police reports documenting the interview).

Sneed was interviewed by WPD in the presence of St. Anne’s Hospital Clinical Social Worker Cory Oliveira. According to transcripts and Ms. Oliveira’s notes, Sneed told investigators her first version of events as stated above but with some differences. For example, she stated that while both she and Brian were upstairs, she heard a banging sound which she thought might be the TV falling off the stand. She further stated that when she and Brian first approached Christopher, he said “Mommy.” Finally, she explained that she had given Christopher a bath the night before and was unaware of any bruises or marks on him. She stated that neither Brian nor her ever hit or hurt Christopher.

After some time, Tarisa was brought into the social worker’s office. Sneed asked her daughter for a hug. Tarisa refused; while backing up, away from her mother she said, “I don’t want you.” Ms. Oliveira thought this was significant enough to document in her report. The jury, however, was not allowed to hear this evidence.

Brian was asked to leave

Sneed asked Brian to take Tarisa to her sister Heather’s house, approximately two (2) miles from the hospital. Sneed told Brian that Christopher’s father was on his way to the hospital. Brian drove Tarisa to Heather Sneed’s house. He dropped Tarisa off and told Heather that he had to get back to the hospital. (Note: there are no records of the police ever speaking with Heather.)

It should be noted that the prosecutor was also at the hospital.

Fall River Police were dispatched to the hospital at 6:59pm. Upon arrival, they were directed to go to Heather Sneed’s house to pick up Tarisa. (Note: other than the log confirming the call, there are no police reports.)

Brian returned to the hospital and was met by Mario Dacunha, the hospital security officer and part-time Westport police officer. Mario and Brian were friends. Mario was dating one of Sneed’s friends and introduced him to Sneed.

Told to leave – again

Dacunha told Brian that he should leave because the police think that he may have done something to hurt Christopher, also because he did not want a conflict with Christopher’s father who was on his way. Brian told Mario that he would go to Steve Morton’s ex- wife’s house, which was approximately 10 minutes from the hospital. He chose this location because he did not want to go far from the hospital. (Note: It was later confirmed that the hospital chaplain told police that he heard Sneed ask Brian to take Tarissa to her sister’s house and to stay there with her. In his statement, the Deacon also specified that he heard hospital security/WPD Mario Dacunha tell Brian to leave before the biological father arrived. The Deacon was never called as a witness, and Brian was not aware of his statement prior to the trial.)

Brian left the hospital for the second time and drove to the home of Lisa Morton. Steve and Lisa were not together but were talking. Brian knew her through his friendship with Steve. When Brian arrived at Lisa’s home, she was not there, so he waited in the driveway for her to return. Lisa arrived home with her two children and invited Brian inside to wait for news. While at Lisa’s home, Steve called and spoke with Brian on the phone. Brian explained what had happened and why he was asked to leave the hospital.  Steve said that he would go to the hospital to find out news on Christopher.

Brian was noticeably upset and worried. Lisa Morton gave him two Valium, and he laid on the couch and fell asleep. Around 10:00pm, Steve arrived at Lisa’s house and woke Brian. He told Brian that Christopher had died and the police wanted to talk to him. Brian then went to the Westport Police Station with Steve and another friend.

Miranda

Westport Police detective, Mike Roussel, and State Police Trooper, Michael King, questioned Brian. Det. Roussel knew Brian from his security work and used their relationship to lead Brian through the interrogation as he saw fit.

It is important to note that Brian had consumed twice the adult dosage of Valium two hours prior to the interrogation. This was in addition to the muscle relaxants taken earlier as prescribed for his work-related injury.

Brian was not in full control of his faculties. Court documents confirm that he could not recall his license plate or even his telephone number, yet Det. Michael Roussel determined that Brian had the appropriate mental capacity to conduct his interrogation.

It should also be noted that the police made the conscious decision not to (audio or video) record the interrogation although they did make sure to have the video recorder available when they went to Brian’s house and again on him in the cell after his arrest.

In a separate room, Sneed was being questioned again, this time by Westport Police Detective Mario Lewis, and State Police Sergeant Kevin Butler. Both Brian and Sneed gave statements similar to Sneed’s original statement at the hospital. Sneed then left with her family.

Brian was given a consent to sign. This one was for a search of his house. After consent, Brian was given a ride home by Detective Roussel. Detectives searched the house, took a towel that was used to clean-up Christopher’s vomit, and took several photos. They left at approximately 12:00am. Brian went to stay with his father.

The arrest

Brian voluntarily returned to WPD on 1/24/96. He had spoken with his workers compensation attorney for general advice, and during the interrogation invoked his Fifth Amendment right. At that point, Brian was arrested and charged with murder.

From the beginning, the case made against Brian was entirely circumstantial. There was no physical evidence or even circumstantial evidence that specifically pointed to Brian as inflicting a single injury on Christopher. Equally significant is the fact that Brian has told the same version of events from the time of the first interrogation to today.

The prosecution built their case against Brian based on Sneed’s cooperation and the opinions of the state’s medical experts; opinions that were never tested or challenged until now.

Pre-trial

Brian sat in county jail for an entire year without any communication with his court-appointed attorney, Lance Garth, despite countless attempts. Brian was diligent in his record keeping of attempts to reach Garth. He recorded his family’s extensive efforts as well. Finally, about a week before the trial was scheduled to start, a case worker at the prison contacted the attorney on Brian’s behalf.

The trial was originally scheduled to start on January 6, 1997. Attorney Garth showed up on a Friday, one business day prior to the start of the trial. Garth told Brian that he could “get numbers” for a plea. Innocence was not a consideration. Garth had done nothing to prepare for a trial as he counted on Brian taking a plea. Brian refused to talk plea since he was innocent, and his version of events never varied. Garth said that he could “whip up a defense” by Monday.

Brian fired the attorney.

He did not want to proceed with someone that did not believe in his innocence and would not be able to defend him with conviction. Brian’s family scrambled to find a new attorney. Attorney Raymond Veary’s name was a casual recommendation. Due to the short time prior to court, Brian’s family hired Attorney Veary who agreed to the court’s stipulation that he be ready for trial in 60 days.

The trial issues are addressed in the New Trial Motion, Evidentiary Hearing and Decision to overturn Brian’s conviction.