NORTHAMPTON — A man charged with murder in a shooting death on Randolph Place in December 2021 was in court Wednesday seeking release of the victim’s medical records.
Steven J. Malloy, 33, was indicted in March 2022 on charges of murder and unlawful possession of a firearm in the death of Joseph Filio, 39, of Pittsfield. He is being held at the Hampshire Jail. His attorney, Joseph Perullo, has filed a motion in Hampshire Superior Court seeking records of psychological treatment Filio received at Berkshire Medical Center.
Perullo told Judge Jane Mulqueen that records retrieved by the medical examiner from the Pittsfield hospital showed Filio had attempted suicide more than once in the weeks leading up to his death. Perullo said he had laid out his case for obtaining the records — and the weakness of the commonwealth’s case — in a supplemental affidavit because he did not want to give advance notice of his trial strategy, but he said he knew of others present on the night of the shooting who contradicted the version of events given by the prosecution’s main witness. He asserted that the records were material to his client’s defense.
“Past suicide attempts are relevant,” he said.
Assistant District Attorney Matthew Thomas questioned the relevance of the records. He said the commonwealth’s witness described the night of Filio’s death as an after-hours party at which the victim gave no indication that he was despondent, a “happy, fun time” that was shattered when Malloy pulled a gun and shot Filio in the head.
“Stippling shows the barrel was almost flush with his temple” when the gun was fired, Thomas said.
Perullo, however, noted that the evidence of a gun fired at close range would be consistent with the victim shooting himself.
Representing Berkshire Medical Center, attorney Jeffrey O’Connor said the hospital regarded Filio’s records as privileged, and said his estate had provided no authorization for their release.
Mulqueen, who has not presided over any prior hearings in the case, said she would rule on the motion at a later date.
Malloy’s trial is scheduled for Nov. 13.