Commonwealth v. Anderson

862 N.E.2d 749, 448 Mass. 548, 2007 Mass. LEXIS 178
Massachusetts Supreme Judicial Court·Decided March 19, 2007·Published·Cited by 17 cases

Opinion

Cordy, J.

On May 14, 1977, Ruth M. Masters was brutally murdered as she rode her bicycle in the Myles Standish State Forest located in Plymouth. A widening police search for her killer ensued in the weeks and months that followed. Eric Anderson was interviewed by police four and one-half months after the investigation commenced. His automobile and its roof rack were photographed. He claimed to have no involvement in the crime, and was apparently not viewed as a prime suspect. Shortly thereafter, Anderson was convicted and sentenced to State prison for an unrelated assault. No arrest was made in the murder of Ruth Masters, and months stretched into years.

In late 1994, State police Lieutenant Richard Nagle, attached to the Plymouth County district attorney’s office, was assigned to reexamine the investigative files in the still unsolved murder of Masters. Witnesses interviewed in 1977 and 1978 were recontacted. State of the art forensic testing was done on the evidence gathered at the time, and new leads were pursued. In 1998, Anderson was indicted for the murder of Ruth Masters. In 2003, he was convicted of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty.

In his appeal, Anderson does not contest the sufficiency of the evidence. Our review of the record confirms that such a ground would be futile: eyewitnesses observed Anderson (and his automobile) in the State forest on the day of the murder stalking another female bicycler; testimony from Anderson’s family members established his familiarity with the State forest and placed the type of weapons used in the deadly assault on Masters in his possession at the time; and admissions made years later to inmates who shared his cell block at the Massachusetts Correctional Institution at Norfolk (MCI-Norfolk) contained damning details of his savage assault on that day.

Rather, Anderson argues that the trial judge erred in admitting (1) statements he made to police in the absence of counsel after he was indicted by a grand jury; (2) testimony regarding his skill at using a sharp knife and suggesting his commission of other criminal acts; and (3) testimony regarding his [550] misogynistic statements and the defacing of a woman’s photograph occurring ten years after the murder. Anderson also contends that his trial counsel was ineffective in failing to object to the admission of some of this testimony at trial. Finally, Anderson asks the court to reduce the verdict to murder in the second degree, pursuant to our authority under G. L. c. 278, § 33E, in view of evidence that he was impaired by intoxication at the time of the crime.2 We affirm.

Discussion. The facts adduced at the hearing on Anderson’s motion to suppress and at trial, which are relevant to the consideration of Anderson’s claims, are set out in the discussion of those claims below.

1. Anderson’s postindictment statements. By the time of Anderson’s indictment in 1998, he had been released from MCI-Norfolk and was serving a twenty-five-year prison sentence at the State prison in Thomaston, Maine.3 Several years prior to the indictment, Detective Nagle had attempted to interview Anderson at the . prison. Anderson had declined to speak to him, apparently asserting his right to counsel under the Fifth Amendment to the United States Constitution. On the day that the indictment was publicly announced, November 17, 1998, Nagle alerted Maine prison authorities so that they could take whatever precautionary steps they felt were advisable with regard to Anderson’s custodial status.

On Sunday, November 22, after reading a newspaper report about the indictment, attorney Bruce Ferg, a senior trial attorney with the Committee for Public Counsel Services (CPCS), contacted CPCS’s chief counsel, William Leahy, and asked if he could be assigned to represent Anderson,4 under a procedure adopted by CPCS pursuant to G. L. c. 21 ID, § 5 (assignment of [551] counsel by CPCS), and G. L. c. 21 ID, § 8 (assignment of counsel to indigent persons accused of murder).5 Leahy agreed, and on Monday, November 23, he sent a memorandum to the presiding judge of the Plymouth County Superior Court notifying the court of his assignment of Ferg to represent Anderson and “requesting your approval of that assignment.” See G. L. c. 211D, § 8 (CPCS assignments “subject to the approval of the justice making the determination of indigency”). At this point, Anderson had not requested counsel, had not been determined to be indigent, and had had no contact with Ferg or CPCS about the indictment.6 On November 30, 1998, a judge in the Superior Court approved Ferg’s assignment to the case.

In the interim, also on November 23, Ferg hand-delivered a letter to assistant district attorney Joseph P. Gaughan informing Gaughan that Leahy had assigned him to represent Anderson. The letter stated that “no attempt should be made to interrogate Mr. Anderson or to obtain any physical or documentary evidence from him without my knowledge and express approval.” The letter also informed Gaughan that Ferg would be away over the Thanksgiving holiday, returning on Monday, November 30. Ferg did not contact Anderson prior to leaving for the holiday, and Anderson was unaware that counsel had been assigned by CPCS to represent him in the case.

[552] On Wednesday, November 25, approximately one week after being told of his indictment by prison officials, Anderson went to the director of security at the Maine State Prison and said that he wanted to plead guilty to the murder of Ruth Masters. The following day, Thanksgiving, the director contacted Nagle and informed him of Anderson’s statement and Anderson’s request to speak to “the investigator or someone from the District Attorney’s office.” On Friday, November 27, Nagle traveled to Maine to speak to Anderson. He was accompanied by a detective with the Plymouth police department, two assistant district attorneys, and an employee of the district attorney’s office who was prepared to videotape the interview if necessary. Ferg was not contacted by either Nagle or Gaughan about this trip, nor was his permission sought to interview Anderson.

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Commonwealth v. Anderson, 862 N.E.2d 749, 448 Mass. 548, 2007 Mass. LEXIS 178 (Mass. 2007).

862 N.E.2d 749 (Commonwealth v. Anderson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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