Commonwealth v. Chapman

744 N.E.2d 14, 433 Mass. 481, 2001 Mass. LEXIS 167
CourtMassachusetts Supreme Judicial Court
DecidedMarch 15, 2001
StatusPublished
Cited by18 cases

This text of 744 N.E.2d 14 (Commonwealth v. Chapman) 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. Chapman, 744 N.E.2d 14, 433 Mass. 481, 2001 Mass. LEXIS 167 (Mass. 2001).

Opinion

Spina, J.

A jury found the defendant, Jeanne Chapman, guilty of wantonly or recklessly permitting substantial bodily injury to her ten month old infant, Taraea. See G. L. c. 265, § 13J.1 Taraea drowned in a bathtub when she was left unattended by the defendant. She died shortly thereafter. The trial judge stayed the defendant’s sentence and, with the defendant’s consent, reported two questions to the Appeals Court, pursuant to Mass. R. Crim. R 34, 378 Mass. 905 (1979): “1. Does the definition of substantial bodily injury included in G. L. c. 265, § 13J, include the death of a child such that the conviction in the [483]*483above-captioned case is in accordance with law? 2. Is G. L. c. 265, § 13J, as applied to the facts of this case, unconstitutionally vague and inadequate?” The defendant also appealed from the conviction, raising the same questions reported by the judge and challenging both the sufficiency of the evidence and the judge’s instructions concerning the substantive offense. We transferred the case here on our own motion.

We answer the first question in the negative, concluding that “substantial bodily injury” does not include death, but add that death may be evidence of a substantial bodily injury as that term is defined by the statute. We answer the second question in the negative as well. We find no error on the defendant’s additional claims and affirm her conviction.

1. Facts. The facts necessary to resolve the issues before us are largely undisputed. The defendant was giving her baby a bath at home at about 3:45 p.m. and stepped away from the bathroom for approximately three minutes to answer the telephone.2 When she returned, Taraea was floating face down in the tub.3 The defendant took the baby from the tub, laid her on the living room floor, and then telephoned a friend and asked her to babysit her three year old son so she could take Taraea to the hospital. This second telephone call lasted approximately three or four minutes. The defendant next dialed 911. Emergency personnel arrived at her home within two minutes of receiving the call. They found the baby unconscious, breathless, without a pulse, and in a life-threatening arrhythmia. The emergency crew attempted to resuscitate the baby before transferring her to a hospital but all attempts failed. Taraea was pronounced dead at 4:45 p.m. An autopsy revealed that she died of injuries consistent with a fresh water drowning.

2. Reported Questions.

(a) Substantial bodily injury. The Commonwealth proceeded on the theory that the defendant’s acts and omissions constituted a single episode in which, having the care and custody of ten month old Taraea, she wantonly or recklessly permitted the [484]*484infant to suffer a substantial bodily injury. G. L. c. 265, § 13J (b), fourth par. The judge expressed his concern that death is not an injury within the meaning of § 13J, and the defendant argued this point below and on appeal. We agree, but do not find the answer dispositive of the matter.

“Substantial bodily injury” is defined in § 13J as “bodily injury which creates a permanent disfigurement, protracted loss or impairment of a function of a body member, limb or organ, or substantial risk of death.” G. L. c. 265, § 13J (a). “Bodily injury” is in turn defined in the statute as “substantial impairment of the physical condition including any bum, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as a result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child’s health or welfare.” G. L. c. 265, § 13J (a). The latter defines the bodily injuries the Legislature intended to be punishable under the statute, i.e., bums, fractures, injuries to internal organs, and perilous physical conditions, while the former lays the foundation for greater sanctions based on the gravity and consequences of the bodily injury sustained. Read together, and as relevant here, a substantial bodily injury includes any substantial impairment of the physical condition that causes a protracted impairment of the function of an internal organ or a substantial risk of death. As it appears in the context of the statute, death is not an injury, but one risk of injury.

The defendant argues that the only injuries were the small pinpoint hemorrhages on the baby’s eyelids, a symptom of oxygen deprivation. In her view, the bmises cannot themselves be considered a “substantial bodily injury” under § 13J.

The defendant misconstrues the statute. Although the petechial hemorrhages on the baby’s eyelids may have been the only visible signs of injury, they were not the baby’s only injuries within the meaning of the statute. The statute reaches any “substantial impairment of the physical condition.” G. L. c. 265, § 13J. Asphyxiation, like malnutrition or dehydration, may cause a substantial impairment of the physical condition. As such, it is a bodily injury within the meaning of § 13J (a). Where it creates a protracted impairment of heart, lung, or brain [485]*485function or a substantial risk of death, it is a substantial bodily injury under § 13J (a). Asphyxia and its concomitant loss of organ function are not necessarily caused or evidenced by visible signs of trauma. See, e.g., Commonwealth v. Freeman, 407 Mass. 279, 286 n.6 (1990) (suffocation without visible neck injuries); Commonwealth v. Michaud, 389 Mass. 491, 498 (1983) (malnutrition evidenced only by baby’s being thin and pale). We conclude that prosecution under § 13J is not limited to those cases in which a child’s injuries are evidenced by signs of internal or external trauma.

The defendant also argues that her conviction was improper as matter of law because the definition of “substantial bodily injury” does not include death. She relies on two opinions in which we concluded and one in which the Appeals Court concluded that the Legislature does not generally intend the term “injury” to include injuries that result in death. See Kromhout v. Commonwealth, 398 Mass. 687, 690 (1986); Grass v. Catamount Dev. Corp., 390 Mass. 551, 554 (1983); Zeroulias v. Hamilton Am. Legion Assocs., Inc., 46 Mass. App. Ct. 912, 914 (1999). The defendant in each case urged the application of a civil statute designed to limit an entity’s or industry’s liability for personal injury claims either by use of a short statute of limitation or by requiring plaintiffs to meet a higher burden of proof.4 We declined to extend the protections of those personal injury statutes to claims for injuries that resulted in death because of divergent legislative policies underlying the availability of civil remedies for personal injury and wrongfiil death claims. We reasoned in each case, citing to Gallant v. Worcester, 383 Mass. 707, 714 (1981), that it was appropriate for the Legislature to provide different civil remedies for claims of wrongful death than for claims of personal injury because the former tend to be “drastic in the extreme and relatively [486]*486infrequent.” Id. As the injuries had resulted in death, the claims in those cases had been properly brought under the wrongful death statute. G. L. c. 229, § 2.

The considerations underlying the proper application of a criminal statute are different.

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Cite This Page — Counsel Stack

Bluebook (online)
744 N.E.2d 14, 433 Mass. 481, 2001 Mass. LEXIS 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-chapman-mass-2001.