Commonwealth v. Almonte

988 N.E.2d 415, 465 Mass. 224, 2013 WL 2128336, 2013 Mass. LEXIS 343
CourtMassachusetts Supreme Judicial Court
DecidedMay 20, 2013
StatusPublished
Cited by8 cases

This text of 988 N.E.2d 415 (Commonwealth v. Almonte) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Almonte, 988 N.E.2d 415, 465 Mass. 224, 2013 WL 2128336, 2013 Mass. LEXIS 343 (Mass. 2013).

Opinion

Botsford, J.

A Superior Court jury convicted the defendant of murder in the first degree on the theories of deliberate premeditation and extreme atrocity or cruelty, and of larceny of a motor vehicle. In this direct appeal from his convictions, the defendant argues: (1) the partial denial of the defendant’s motion to suppress evidence seized during a search of his apartment was error; (2) the prosecutor included improper remarks in his opening statement and closing argument; (3) the trial judge erred in refusing to strike a nonresponsive and prejudicial answer by a Commonwealth witness concerning the meaning of “inconclusive” deoxyribonucleic acid (DNA) test results; (4) the judge’s refusal to allow the defendant’s counsel to cross-examine a witness about specific acts of prior misconduct was error; (5) evidence that the death was a “homicide” should not have been introduced, as stated either on the death certificate or in the medical examiner’s testimony; and (6) the denial of the defendant’s motion for a required finding of not guilty constituted error depriving the defendant of his right to due process. The defendant further argues that relief is warranted pursuant to G. L. c. 278, § 33E. For the reasons discussed below, we affirm the defendant’s convictions and, with respect to the conviction of murder in the first degree, decline to exercise our power to grant relief under G. L. c. 278, § 33E.

Background. On February 24, 2008, William Escobar was [226]*226stabbed to death in his apartment in Methuen. The police, as part of their investigation, obtained and executed a search warrant for the defendant’s apartment in North Andover, and seized from there various personal items, including several articles of the defendant’s clothing. In June of 2008, an Essex County grand jury indicted the defendant for murder in the first degree and larceny of a motor vehicle. The defendant moved to suppress the physical evidence seized from his apartment, and a judge in the Superior Court — ultimately the trial judge — denied the motion in part and allowed it in part. After a jury trial in April of 2009, the defendant was convicted of both charges. The defendant filed a timely notice of appeal in this court.

Because the defendant includes a challenge to the sufficiency of the evidence, we recite the facts in the light most favorable to the Commonwealth, see Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979), reserving certain details for our discussion of the issues raised. The victim was forty-two years old and lived with his roommate, Alberto Gil, in a two-bedroom apartment in Methuen. The defendant, who was then twenty-five years old, had grown up in and around Lawrence and met the victim through a friend in 1998 or 1999, when he was about sixteen. Within the next few years, the defendant began a sexual relationship with the victim that continued over a two- to four-year period, ending when the defendant “was away” from the Lawrence area.1 The defendant returned to the area in December of 2007, and between December, 2007, and February, 2008, the defendant was one of several young men who frequently visited the victim at his apartment, playing dominoes and watching pornographic films in the victim’s bedroom. A number of these young men, including the defendant, would spend the night at the victim’s apartment.

John Pagan was one of the young men who frequently visited the victim, and during the months before the victim’s death, Pagan spent almost every weekend with the victim. During these visits, Pagan and the victim watched pornographic films and masturbated. At some point before the victim’s death, Pagan [227]*227wrote a love note declaring his romantic feelings for the victim, and left the note at the victim’s apartment. During his visits with the victim, Pagan had the opportunity to overhear several arguments between the defendant and the victim conducted by way of Nextel cellular telephone,2 including one argument in which Pagan heard the defendant threaten the victim by saying, “If I catch you with another man or something, I’m going to kill you.”

In the months leading up to the victim’s death, the defendant spent a great deal of time at an apartment in Lawrence,3 where Jeanette DeLeon (Jeanette DeLeon) lived with her brother, Jose DeLeon (DeLeon), her two young children, her friend Xihomara Vargas, and Vargas’s child. Danielle Moschetto, who was the defendant’s girl friend during the three months before the victim’s murder, also spent significant time at the DeLeons’ apartment. Moschetto, the DeLeons, and the defendant had grown up together and at the time of the murder had known each other for several years. Approximately one month before the victim’s murder, the defendant told Moschetto that he was going to “terminate” the victim, but did not provide details.

On February 24, 2008, the day of the homicide, the victim picked up Pagan to run errands in the morning, and then drove Pagan to Pagan’s girl friend’s house. The victim’s roommate Gil and the victim had planned to spend the afternoon moving a couch from the home of the defendant’s mother, but Gil failed to secure a moving van. Gil last spoke to the victim sometime between 4 and 5 p.m.

At 4 p.m. on February 24, all the residents of the DeLeons’ apartment were home. DeLeon was planning to go to Haverhill by train to visit his girl friend. Sometime after 4 p.m., the defendant telephoned DeLeon and asked him to remain at the apartment so the defendant could join him to smoke marijuana. [228]*228The defendant also told DeLeon that he would “get [DeLeon] a ride” to Haverhill. Thereafter, the defendant arrived at the apartment and went with DeLeon into the bedroom to prepare the marijuana to smoke, but they were interrupted when the defendant received a call on his Nextel cellular telephone just after 8:30 p.m., inferably from the victim.4 Before leaving the DeLeons’ apartment, the defendant told DeLeon, “I can get you a ride. Just stay here, I don’t want you to be scared.” The defendant did not return to the DeLeons’ apartment for approximately one hour. After telephoning the DeLeons four separate times and instmcting DeLeon to meet him behind the apartment building, the defendant then suddenly appeared at the front door of the apartment wearing a black jacket with the hood over his head, black gloves, and a cap, and looked “shook up” and “in a rush.” He quickly left the apartment through the back door.

DeLeon and the defendant then met outside the apartment building and got into what turned out to be the victim’s brown or gold Toyota Camry. DeLeon had never seen the defendant, who did not have a license, drive this vehicle before. DeLeon asked the defendant to drive him to Haverhill to visit his girl friend. The defendant indicated he did not intend to drive to Haverhill, handed DeLeon the keys to the vehicle, and told him to return it by the next day, Monday.

At around 10:30 p.m. that night, Gil returned with his friend Jeffrey Hernandez to the apartment he shared with the victim. Gil noticed on arrival that the victim’s car was not parked in its usual space outside the building. On entering the apartment, he observed that its condition was largely as he had left it with the exception of two video game consoles that he discovered were missing from his bedroom and a knife missing from the kitchen counter. The door to the victim’s bedroom was closed, and the lights were on.

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Cite This Page — Counsel Stack

Bluebook (online)
988 N.E.2d 415, 465 Mass. 224, 2013 WL 2128336, 2013 Mass. LEXIS 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-almonte-mass-2013.