Commonwealth v. Chambers

109 N.E.3d 1069, 93 Mass. App. Ct. 806
CourtMassachusetts Appeals Court
DecidedAugust 29, 2018
DocketAC 17-P-441
StatusPublished
Cited by9 cases

This text of 109 N.E.3d 1069 (Commonwealth v. Chambers) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Chambers, 109 N.E.3d 1069, 93 Mass. App. Ct. 806 (Mass. Ct. App. 2018).

Opinions

MEADE, J.

*807After a jury trial, the defendant was convicted of three counts of assault and battery by means of a dangerous weapon and carrying a dangerous weapon. After a separate jury trial, he was convicted of carrying a dangerous weapon as a second and subsequent offense. On appeal, he claims that the judge abused his discretion by not dismissing a juror and by denying a motion for a mistrial. The defendant also claims that the prosecutor's opening statement and closing argument were errors that created a substantial risk of a miscarriage of justice. We affirm.

1. Background. On the night of June 6, 2014, off-duty State Police Trooper Peter Bien-Aime; his wife, Leslie Bien-Aime;1 and another couple, David Lebrun and Elizabeth Almeida, went out for the night in Boston. Sometime after midnight, the group went to Venu (hereinafter, club), a night club located on Warrenton Street.

*808After getting drinks, Peter and Lebrun were making their way back to Leslie and Almeida, who were conversing when the defendant approached the women. The defendant, a short, skinny, black male with very short hair, wished to dance with Almeida; she had no interest.2 Upon seeing the two women upset, Lebrun and Peter approached the defendant, who greeted them by throwing a drink at them; the cup hit Peter in his face. Pushing ensued, which resulted in intervention by Mercelino *1073Amaro, the club manager. The defendant was escorted out of the club.

Outside the club, Boston police Officer Stephen Fabiano and Detective Kevin Guy, who were working a detail in the theater district, saw the defendant being removed from the club.3 They saw him yell at someone in the doorway and try to reenter the club a few times before he and his friend walked away on Warrenton Street in the direction of Stuart Street.

Approximately thirty minutes later, the two couples left the club and began walking up Warrenton Street towards a parking lot where their car was parked. While they walked, the group was approached by the defendant and the other man Peter had seen earlier in the club.4 They asked the group in a sarcastic manner if they were "the guys that were fighting, beating up those two people in [the club]." The defendant began "violently" waving his hands around and stabbed Lebrun in his lower back. When Almeida screamed "what are you doing," the defendant grabbed her arm, spun her around, and stabbed her in the upper left back, next to her lungs, ribs, and spine. Almeida immediately fell to the ground, and Leslie began screaming. The defendant then swung at Peter and stabbed him just below his belt, piercing his clothing. When the defendant attempted to flee, Peter tackled him.

Officer Fabiano and Detective Guy saw the fight occurring from their position up the street. They recognized both Peter and the defendant, who was one of the men who had been removed from the club. The officers separated Peter and the defendant, *809who had been rolling on the ground and fighting. The defendant struggled to get away, but Guy pinned him against a nearby parked bus. Amaro, who followed the police down the street, also recognized the group from the earlier drink-throwing incident. As the defendant was pinned against the bus, Amaro saw a knife fall to the ground between Guy and the defendant, and Amaro secured it by stepping over it (to block its use).

After the fight, Lebrun identified the defendant as the person who stabbed them, and the defendant was arrested. Peter also was arrested and transported to the police station where he was later released.

2. Discussion. a. Jury selection. Juror number (no.) twelve's fears and concerns. The defendant claims that he was denied his right to an impartial jury because the judge abused his discretion when he declined to dismiss juror no. twelve, who expressed a concern about his ability to be impartial due to the stress of missing college classes. We disagree.

The Sixth Amendment to the United States Constitution and art. 12 of the Declaration of Rights of the Massachusetts Constitution guarantee criminal defendants trial by an impartial jury. See Skilling v. United States, 561 U.S. 358, 377, 130 S.Ct. 2896, 177 L.Ed.2d 619 (2010) ; Commonwealth v. McCowen, 458 Mass. 461, 494, 939 N.E.2d 735 (2010). "We afford a trial judge a large degree of discretion in the jury selection process."

*1074Commonwealth v. Vann Long, 419 Mass. 798, 803, 647 N.E.2d 1162 (1995). See G. L. c. 234A, § 39. The judge is duty bound to question potential jurors to ferret out any possible bias, prejudice, partiality, or whether there exists a substantial risk that the potential juror may be influenced by factors extraneous to the evidence at trial. Commonwealth v. Andrade, 468 Mass. 543, 547, 11 N.E.3d 597 (2014). When evaluating juror impartiality, it is sufficient for the judge to inquire whether potential jurors can set aside their own opinions, properly weigh the evidence, and follow the judge's instructions. Id. at 547-548, 11 N.E.3d 597. See Commonwealth v. Perez, 460 Mass. 683, 688-689, 954 N.E.2d 1 (2011). "[A] determination by the judge that a jury are impartial will not be overturned on appeal in the absence of a clear showing of abuse of discretion or that the finding was clearly erroneous." Commonwealth v. Andrade, supra at 548, 11 N.E.3d 597, quoting from

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Bluebook (online)
109 N.E.3d 1069, 93 Mass. App. Ct. 806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-chambers-massappct-2018.