Commonwealth v. Bockman

817 N.E.2d 717, 442 Mass. 757, 2004 Mass. LEXIS 719
CourtMassachusetts Supreme Judicial Court
DecidedNovember 12, 2004
StatusPublished
Cited by7 cases

This text of 817 N.E.2d 717 (Commonwealth v. Bockman) 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. Bockman, 817 N.E.2d 717, 442 Mass. 757, 2004 Mass. LEXIS 719 (Mass. 2004).

Opinion

Cordy, J.

In the early afternoon of August 24, 1999, Norma Bockman was found bludgeoned to death in the kitchen of her Waltham condominium. Her pocketbook, keys, and two CVS Pharmacy bags were clutched in her hands. There were no signs of forced entry or sexual assault. In the living room, the television was on and a cigarette (she did not smoke), which had burned all the way to its filter without being smoked, was in an ashtray on a nearby table. Her husband, the defendant, claimed that he had been out doing errands when the assault occurred, and had returned home to find the gruesome scene. In October, 1999, he was indicted for her murder, and on September 24, 2001, a jury found him guilty of murder in the first degree by reason of extreme atrocity or cruelty.

On appeal, the defendant claims that he was denied a fair trial because the trial judge: (1) precluded him from exercising a peremptory challenge on the last juror selected for the panel; (2) declined to declare a mistrial or strike the testimony of a State trooper when he testified on cross-examination to having made a fingerprint identification that had not been disclosed to defense counsel prior to trial; and (3) refused to instruct the jury on voluntary manslaughter. The defendant also asks the court to exercise its discretionary power under G. L. c. 278, § 33E, to order a new trial or reduce the degree of murder to manslaughter or to murder in the second degree. The claims are without merit, and after a thorough review of the record, we decline to grant relief under § 33E.

1. Facts. The jury could have found the following. Although the victim and the defendant had been married for twenty-one years and there was no history of violence between them, there was significant difficulty in their relationship. She had worked at a department store for twenty-five years. He had been unemployed for several months. He was an alcoholic who had been hospitalized for detoxification. She had told friends that she would leave him if he kept drinking. He was interested in more aggressively investing their collective savings and moving to Georgia, and she was not.

By the spring of 1999, the defendant was pursuing relationships with other women, telling them that he was either estranged from his wife or involved in a relationship that would [759]*759soon be coming to an end. On the night before the murder, the defendant spoke to a woman he was then seeing, telling her that he had just learned from his financial advisor that his financial resources would be adequate to support her and her children. They then made plans to meet the following night for dinner. She was unaware of the defendant’s marriage.

At approximately 9 a.m. on the morning of August 24, the victim and the defendant (dressed in jeans) brought their cat to a veterinary appointment. They left the appointment at 9:14 a.m. and returned home twenty-five minutes later. At approximately noon, a friend and neighbor placed a telephone call to the victim’s home. There was no answer. At 2 p.m. this same neighbor left her condominium to bring trash into the dumpster. She waved to the defendant who was just pulling into the parking lot. No more than thirty seconds later he came running across the lot, waving his hands and saying, “Norma’s dead, Norma’s dead.”

The police arrived shortly thereafter. They found the victim lying face down in the kitchen near the rear door leading to a porch and steps down to the parking lot level. She had suffered massive trauma to her head, later determined to be the result of no fewer than fourteen blows from a heavy, blunt, flat object. Expert testimony regarding the pooling of the blood established that the victim had lain where she was found for some time, although the precise time of death could not be determined. The murder weapon was never found.

The defendant accompanied two police officers back to the Waltham police station. He had spots of blood on his T-shirt and shorts, an abrasion on a knuckle on his left hand, blood on his right forearm, and alcohol on his breath. He claimed that after he and his wife had returned home from the veterinarian, he left to do errands, returning at 2 p.m. to discover her body. He told police that the blood on his clothes was his, coming from the abrasion on his finger that he had sustained while in his motor vehicle. He initially claimed that he had not gotten any of the victim’s blood on him when he entered the kitchen and found her, but subsequently told police that he had gotten some of her blood on his hands and washed it off in the kitchen sink. He also told police that he had only been in the house for [760]*760fifteen seconds, had not entered any rooms other than the kitchen, and had retraced his steps and called to his neighbor. Finally, he provided the police with a chronology of his whereabouts from the time he left the house that morning until his return at 2 p.m.

Testing revealed that the blood on the defendant’s clothes was his. The blood on his forearm, however, belonged to the victim, and it was an “impact spatter” the result of blood being projected by some kind of force, not a transfer stain that could have come from touching the body of his wife when the defendant claimed to have found her on the floor. Further investigation of the crime scene led to the discovery of a bloody fingerprint in the living room, near the knob of a door leading to the cellar stairs. The blood was the victim’s and the fingerprint was the defendant’s. On the cellar floor was a stain of the victim’s blood near a tool box. From the cellar there was an exit that led to the backyard.

In his chronology, the defendant claimed that he left the condominium at 10 a.m., going first to the library, then to Mailboxes Etc., and then to the Charles River Internet Center (center) where he spent from 10:30 a.m. to 11:15 a.m. researching job listings on one of its computers. Subsequent police investigation could not confirm his visit to the library, but established that he had been at Mailboxes Etc. (across the street from the library) at 10:47 a.m. By that time he had changed his clothes and was wearing shorts. Surveillance video tape from the center established that he had been present there, but only from 11 a.m. to 11:08 a.m., and that he had written in the center’s log book that he arrived at 10:45 a.m. and left at 11:30 a.m. Computer records from the center revealed that, rather than researching job opportunities, the defendant had visited two websites looking for lists of books about Jack the Ripper.

Following his visit to the center, the defendant claimed he bought cigarettes, went to two Alcoholics Anonymous (AA) meetings, and then stopped at a liquor store before returning home. His attendance at the AA meetings was confirmed by witnesses, one of whom noticed that there seemed to be something wrong with the defendant, “like he was in some kind of shock.”

[761]*761Based on this and other evidence, including additional inconsistencies in the defendant’s accounts, the Commonwealth argued that the defendant had motive to kill his wife, and in fact did so after returning from the veterinary appointment and before leaving the condominium later that morning.

2. Jury selection. The judge decided to empanel sixteen jurors, twelve of whom would eventually be selected to deliberate on the verdict. The defendant and the prosecution were each awarded sixteen peremptory challenges.1

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Cite This Page — Counsel Stack

Bluebook (online)
817 N.E.2d 717, 442 Mass. 757, 2004 Mass. LEXIS 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bockman-mass-2004.