Commonwealth v. Banister

699 N.E.2d 1224, 428 Mass. 211, 1998 Mass. LEXIS 534
CourtMassachusetts Supreme Judicial Court
DecidedOctober 6, 1998
StatusPublished
Cited by4 cases

This text of 699 N.E.2d 1224 (Commonwealth v. Banister) 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. Banister, 699 N.E.2d 1224, 428 Mass. 211, 1998 Mass. LEXIS 534 (Mass. 1998).

Opinion

Greaney, J.

A jury in the Superior Court convicted the defendant of murder in the first degree (on each of the theories of deliberate premeditation, extreme atrocity or cruelty, and felony-murder), and of other crimes related to the murder. The trial judge considered and denied the defendant’s motion for a new trial and several related posttrial motions.1 Represented by new counsel, the defendant has appealed. We reject his arguments and conclude that there is no basis to afford him any relief pursuant to G. L. c. 278, § 33E. Accordingly, we affirm the orders denying the motion for a new trial and the other posttrial motions and the judgments of conviction.

The victim was a seventy-five year old woman who was murdered in her home during the early morning hours of September 27, 1990. In connection with the crimes with which the defendant was charged, the jury were warranted in finding the following facts. The defendant knew the location and layout of the victim’s home, knew she was elderly and lived alone, and was aware that she had checks, jewelry, and money in her home. The defendant considered the victim an “easy target.” He broke into the victim’s home and, when confronted by her, beat her, stabbed her twice, tied her up with an electrical cord, and took a cord from an alarm clock, created a ligature, and strangled her to death. The defendant was found in possession of two of the victim’s rings, and he had presented her checks. His fingerprints matched those taken from an exterior window of the victim’s house. Bloodstains on the right knee area of the jeans and on the shirt worn by the defendant at the time of the murder were consistent with the victim’s blood.

After his arrest, the defendant initially gave the police a writ[213]*213ten statement in which he admitted going to the victim’s home, but claimed that a friend from Florida who was with him committed the murder. In a subsequent written statement to the police, the defendant changed this story and confessed to murdering the victim and to burglarizing her home. Evidence found at the scene of the murder corroborated the details of the defendant’s confession. After he had signed his confession, the defendant made a telephone call to his mother and was overheard by a police officer telling her, “I just killed someone, Ma. I didn’t mean to do it. I was fucked up.”

In reaching their conclusion that the defendant’s guilt had been proved on all the charges beyond a reasonable doubt, the jury rejected the evidence the defendant presented in his case. That evidence included the defendant’s testimony that he had gone to the victim’s home with his brother and another man to burglarize the home, and that he had acted as a lookout while the other men entered the home through an unlocked window that the defendant had opened. The defendant told the jury that he had fled the scene when he “heard a lady scream.”

1. We reject, as did the judge, the defendant’s claim that he was deprived of effective representation by his trial counsel.2 We consider the defendant’s argument under the substantial likelihood of a miscarriage of justice standard, Commonwealth v. Wright, 411 Mass. 678, 681-682 (1992), keeping in mind that the defendant’s trial counsel were faced with overwhelming evidence of their client’s guilt.

(a) The defendant asserts that he told his trial counsel his “version” of the events (as described in his testimony summarized above) on the morning trial commenced; that his trial counsel failed to seek a continuance to investigate the evidence necessary to support his defense; and that they ignored the defense at trial.

The defendant’s trial counsel met with him numerous times before the trial and were fully prepared to defend him. The trial judge found in denying the defendant’s request for a new trial that, “if I had been told that the defendant waited until the morning of trial to make full disclosure [of his version of the events] to his attorneys and for that reason was seeking a [214]*214continuance, I would absolutely not have granted it.” This order would have been entirely proper on the record before the judge. See Commonwealth v. Haley, 413 Mass. 770, 773-775 (1992). The record discloses that the defendant’s trial counsel presented his contention that he was not a participant in the murder in as vigorous a manner as possible. The defendant’s claim that he was afforded no defense due to incompetency of his trial counsel lacks merit.

(b) The defendant contends that his trial counsel was ineffective because they pursued pretrial motions to suppress his written statements to the police on the ground that the statements were not intelligently or voluntarily made because he was so intoxicated he could not act with comprehension in talking with the police. The defendant asserts that the motions to suppress should have been based on “scientific literature” that he had given the police false statements due to psychological infirmities. In this respect, the defendant’s appellate counsel characterizes the defendant as a “coerced-compliant person” and suggests that 1 ‘ [c]oerced-compliant false confessions arise when [such a] person knowingly gives the police false information in order to put an end to the psychological pressures of the interrogation session.”

There is no factual support for this contention. The defendant’s trial counsel proceeded on the motions to suppress on what they considered to be the best ground available. While the evidence of the defendant’s intoxication does not appear to be substantial, the defendant’s trial counsel cannot be criticized for making a reasonable strategic choice to proceed with the little they had and for declining to pursue an essentially baseless motion. The defendant’s position on the motions to suppress was competently presented by his trial counsel, and the judge, before rejecting the motions after an evidentiary hearing, considered the defendant’s arguments. We note that, at the trial, the defendant maintained that he had been psychologically compelled to admit to the murder. He raised this issue by testifying that he had complied with interrogation to stop the police from asking him questions. The jury were instructed at length about the need to find that the defendant’s statements were intelligently and voluntarily made, and the judge’s explanation of the law included an instruction that the jury were not to. consider the defendant’s statements if they found them to have [215]*215been “forced or tricked out of the defendant by physical intimidation or psychological pressure.”3

(c) The defendant claims that his trial counsel were deficient in not obtaining DNA testing of a bloodstain inside the jeans which the jury found were worn by him during the murder. He says such further testing may have shown that the jeans were worn by his brother on the night of the murder.4 He also asserts that his trial counsel should have sought fingerprint tests on other windows in the victim’s home to discover possible fingerprints by one or both of the men the defendant claimed had entered the home and committed the murder.

Neither argument has any merit. The fingerprint issue fails because the police investigation discovered no identifiable latent fingerprints either inside or outside the vicinity of the home other than those which matched the defendant’s fingerprints.5 The contention about the need for DNA testimony is equally unpersuasive.

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Cite This Page — Counsel Stack

Bluebook (online)
699 N.E.2d 1224, 428 Mass. 211, 1998 Mass. LEXIS 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-banister-mass-1998.