Commonwealth v. Claiborne

3 Mass. L. Rptr. 256
CourtMassachusetts Superior Court
DecidedNovember 21, 1994
DocketNo. 93-1961-001-002
StatusPublished

This text of 3 Mass. L. Rptr. 256 (Commonwealth v. Claiborne) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Claiborne, 3 Mass. L. Rptr. 256 (Mass. Ct. App. 1994).

Opinion

Whitehead, J.

INTRODUCTION

The defendant stands indicted for the crimes of armed robbery, receiving stolen property (over $250), and unlawful possession of a firearm (away from home or work). He has moved to suppress certain statements which he is alleged to have made to the Brookline Police on November 29, 1993 and certain physical evidence which was seized from his automobile and his person at that time. A hearing was held on November 2, 1994. The following constitute the Court’s findings of fact, rulings of law and order on the motion.

FINDINGS OF FACT

Between October 27, 1993 and November 11, 1993, four armed robberies having common circumstances were reported to the Newton and Brookline police. The first such armed robbery allegedly occurred on October 27, 1993. On that date, a male complainant told the Newton police that, late in the evening, he had left a Star Market located near the Newton-Brookline boundary and had proceeded to his residence in Newton. Upon his arrival at the residence, he was robbed at gunpoint. The complainant described his assailant as a “mulatto” male; approximately 5’9" in height; having a medium build; wearing dark running clothes; and displaying a silver handgun.

A short time later on the same date, a .second complainant reported to the Brookline Police that she, too, had left the same Star Market late in the evening and that she had been robbed at gunpoint upon her arrival home in Brookline. She described her assailant as a black male; approximately 5T0"-5’11” in height; and displaying a silver handgun. She also stated that he had been driving a station wagon.

On November 4, 1993, a third complainant told the Newton Police that, late in the evening, she had left a Legal Seafoods restaurant, which is located approximately 100 yards from the previously mentioned Star Market, and, while headed home, she, too, was robbed at gunpoint. She described her assailant as a light-skinned black male; approximately 5’9"-6’0'' tall; wearing a dark running suit and wool cap; and displaying a silver handgun.

Lastly, on November 11, 1993, a fourth female complainant reported to the Newton police that she had been robbed at gunpoint, again late in the evening, at the Sterling Bank, in Newton. The Sterling Bank is located in reasonably close proximity to the Star Market and the Legal Seafoods restaurant referenced earlier. The complainant stated that she and a companion had been bringing a night deposit from a store within the Atrium Mall to the bank. Upon their arrival at the bank, a man came out of nearby woods, displayed a handgun and stated, “Give me the money.” She described the assailant as a light-skinned black male; wearing a three-quarter length brown leather jacket; and displaying a silver handgun.1

The complainant’s companion had pursued the assailant as he fled. The companion observed the assailant enter a maroon or rust-colored “K-car type” station wagon. (A “K-car” is a Chrysler-make automobile characterized by a “squarish” or “boxy” appearance.) The companion pursued the vehicle down Route 9, in Newton, and onto the Hammond Pond Parkway. When she lost sight of the vehicle, it was headed toward Brookline.

Noting the obvious similarities among the circumstances of the four reported robberies, the Newton and Brookline police departments undertook a joint investigation of them. Participating in that investigation were Detective Edward Aucoin, of the Newton Police Department, and Detectives Barry McNeilly and Laurence Crapo of the Brookline Police Department. As a result of an exchange of informa[257]*257tion, each officer became privy to all of the facts detailedabove.

On November 29, 1993, a fifth armed robbery was reported, this time to the Newton police. It is this fifth alleged robbery which has given rise to the indictments presently at issue. At approximately 10:50 p.m., a female caller, later identified as one Jean Broderick, stated over the telephone that she had just been robbed at gunpoint while she was at the Sterling Bank. She described the perpetrator as a light-skinned black male; approximately 5’10"-5’11" in height; having a medium build; having a slight mustache; wearing dark clothes; and displaying a silver handgun.

Detective Aucoin directed that the dispatcher relay the substance of the call, including the description of the perpetrator, to all police units in Newton and in Brookline. Based upon his knowledge of the alleged robberies previously reported, he further directed the dispatcher to indicate that the perpetrator might be wearing a three-quarter length dark-colored leather coat and that he might be travelling in a maroon or rust-colored K-car type station wagon. The dispatcher put out the information as directed.

Detective Aucoin then proceeded to the Sterling Bank, where he spoke with Ms. Broderick and a female companion of hers, Beatriz Johnson. At that time, Ms. Broderick stated that she was an employee of a retail store located at the Atrium Mall. She and Ms. Johnson had travelled from the mall to the bank in order to make a night deposit of the store’s receipts. As the two women approached the bank, the perpetrator came out of nearby woods, displayed a gun and said, “Give me the money.” She repeated the description that she had given over the telephone and added that the perpetrator had been wearing a black, three-quarter length leather coat, jeans and a watch cap.

Brookline Detective McNeilly had heard the substance of the Newton radio broadcast when it was put out. Based upon his knowledge of the previous reported robberies, he instructed other Brookline officers to watch out for a red or maroonish K-car type station wagon heading from Newton to Brookline. Given the time at which the most recent robbery had occurred and his belief, based upon the circumstances of the previous robberies, that the perpetrator might be travelling from Newton through Brookline via, first, the Hammond Pond Parkway and, then, the West Roxbury Parkway, he projected a point on the West Roxbury Parkway where he might be able to intercept the perpetrator as he (Detective McNeilly) travelled from his current location. With his partner, Detective Crapo, he proceeded to that point.

In fact, the Brookline detectives travelled out of Brookline to the Finn Rotary, located on the West Roxbury Parkway, in the City of Boston. There they observed a maroon-colored station wagon heading around the rotary from the general direction of Newton. The vehicle was not a “K-car,” but rather a “Pontiac 6000.” Photographs of the vehicle comprise Exhibits ##2 and 3. The Court has examined the photographs and concludes that the vehicle possesses the same “squarish” or “boxy” characteristics of a “K-car.”

From their initial vantage point, the Brookline detectives could not determine the number or appearance of the occupants of the station wagon. They continued to follow the vehicle, further along the Parkway, within the city limits of Boston. The detectives had no authority as police officers within the City of Boston.

At a traffic light in Boston, the Brookline detectives pulled alongside the station wagon. When they did so, they were able to observe the interior of the vehicle. The driver was the sole occupant. They observed that he was a light-skinned black male having short hair and a thin mustache. He appeared to be in his early 20s. They could not determine his height and weight. As both vehicles proceeded on, the officers ran a stolen vehicle check and determined that the station wagon had not been reported stolen.

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Bluebook (online)
3 Mass. L. Rptr. 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-claiborne-masssuperct-1994.