Justin Boyce was convicted of the November 2012 murder of his girlfriend’s three year old daughter.
On November 28th 2012 emergency crews were called about three year old Breanna Perry who was believed to be having a seizure. Breanna was rushed to the hospital but died the next day. Prosecutors claimed Boyce beat Breanna to death with a blunt object.
District attorney Joe Brown said in his opening statement that Breanna’s mother and sister noticed bruises on Breanna. Justin denied the accusations saying that girl had fallen off her mattress and hit her head on a toy causing the bruise.
Two of the first responders on the scene testified Tuesday that they thought it was strange that Justin showed no emotion during the incident, however defense attorneys attributed Justin’s lack of emotion to Aspergers syndrome.
Defense Attorneys said the Breanna was injured when her older sister accidentally jumped on her head and cracked her skull.
According to Justin’s mother:
There was no physical evidence, no witnesses, and nothing to tie him to the death other than circumstantial evidence of being at the wrong place at the wrong time as well as evidently having the misfortune of being “the boyfriend.” The Assistant DA justified charging Justin because he stated to Justin’s attorney, “It’s always the boyfriend.” It even took the DA’s office TWO grand juries to finally get their indictment they so vigorously sought against him.
The other reason Justin was the focus of the police investigation in this small town is because he has Asperger’s Syndrome (also referred to as high-functioning Autism). The uneducated members of law enforcement in this area thought that automatically meant he was violent, “weird,” and “too calm,” even describing Justin to witnesses “as cool as a Hindu cat.” In spite of being a gentle person, never being in a fight or throwing a punch in his life, and never being arrested before, the police discarded and ignored any evidence to the contrary, focusing on Justin as the main suspect from the very beginning. Justin had nothing to hide and fully co-operated with the police from day one, offering them full access to his cell phone during initial questioning without an attorney present and even offering to let them in his girlfriend’s house to search without a warrant. He voluntarily took and passed a polygraph. In spite of this, he was charged, indicted, arrested and convicted at a very lop-sided and unfair trial where the prosecution presented their case for nine days and the defense for one and a half days.
There is evidence of prosecutorial misconduct that includes witness tampering and coercion, as well as the appearance of impropriety with a juror who never disclosed being friends of the victim’s family. We have just begun the lengthy appeal process and won’t stop until Justin is exonerated and once more home with his loving family who believe in his innocence 100%.
But not everyone believes Boyce is guilty, including Brianna’s mother. Sara Perry spoke with us, off camera. She and Boyce are still together and have a child. One of Boyce’s former co-workers said she’s never seen Boyce act violent and doesn’t believe he killed Brianna.
“Justin was a good kind person when I worked with him, now a family that has already lost a child, has lost a dad too,” Airel Wastier, who worked with Boyce, said.
“We’re very disappointed in the verdict, we respect it but you know we’re disappointed. We didn’t think that the state proved beyond reasonable doubt that Justin did anything to Brianna,” Bob Jarvis, Boyce’s attorney, said.