- Associated Press - Thursday, May 5, 2016

LOWELL, Mass. (AP) - A lawsuit against three men charged in the 1969 slaying of a 15-year-old Massachusetts boy is moving forward.

The Sun of Lowell (http://bit.ly/1T3kbvo ) reports that a judge denied a motion to dismiss the wrongful death lawsuit filed by John McCabe’s family in 2014.

Prosecutors say the men, who were youths at the time, kidnapped, beat and bound McCabe, leaving him to die of asphyxiation. Walter Shelley was convicted in McCabe’s death in 2013. Edward Brown took a plea deal.

Michael Ferreira, who brought the motion, was cleared of murder. His attorney argued that the three-year statute of limitations to file the lawsuit started in 1969 and had lapsed.

The judge says McCabe’s family couldn’t have known who would be charged with his death until March 2011, when Brown came forward.

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Information from: The (Lowell, Mass.) Sun, http://www.lowellsun.com

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