Commonwealth v. DelValle

824 N.E.2d 830, 443 Mass. 782, 2005 Mass. LEXIS 148
CourtMassachusetts Supreme Judicial Court
DecidedApril 1, 2005
StatusPublished
Cited by22 cases

This text of 824 N.E.2d 830 (Commonwealth v. DelValle) 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. DelValle, 824 N.E.2d 830, 443 Mass. 782, 2005 Mass. LEXIS 148 (Mass. 2005).

Opinion

Greaney, J.

A jury in the Superior Court convicted the defendant of murder in the first degree by reasons of deliberate premeditation and extreme atrocity or cruelty. The victim was an eighty-seven year old woman who was brutally beaten and strangled during a break-in at her home. Represented by new counsel, the defendant appeals, claiming that (1) the representation provided by his trial counsel was constitutionally ineffective; (2) several evidentiary errors were made at trial; (3) three separate instances of prosecutorial misconduct occurred at trial; and (4) the jury instruction on reasonable doubt was defective. The defendant also asserts that the Commonwealth presented insufficient evidence to warrant a jury finding of premeditation or of extreme atrocity or cruelty. He requests, therefore, that we reduce his conviction to murder in the second degree pursuant to our authority under G. L. c. 278, § 33E. We affirm the conviction and decline to reduce the verdict or to order a new trial.

We summarize the evidence before the jury. The eighty-seven year old victim, Maude Hinds, lived by herself in the second-floor apartment of a three-story house she owned at 56 Clifford Street in the Roxbury section of Boston. Born in Barbados, she came to the United States when she was sixteen years of age, married and divorced, and raised a son who predeceased her. [784]*784Although of advancing years, she was a relatively active individual who liked to garden and to dance. She maintained close family ties and had many friends at the church she regularly attended and in her neighborhood.

At approximately 9 p.m. on April 22, 1991, the tenant of the first-floor apartment at 56 Clifford Street, Idelfonso Martinez, discovered the victim’s lifeless body lying in the first-floor common hallway of the house. She wore a floral blouse, a black skirt, and a green jacket. Near her body lay shoes, a cap, a broken flashlight, and a hammer. All of her clothes, as well as the items found near her body, were stained with blood. The victim’s second-floor bedroom had been ransacked.

Police officers called to the scene discovered that a window leading to a room in Martinez’s apartment had been broken and was smeared with blood. Clear fingerprint impressions were found on the broken glass, as well as on both sides of the molding of the inside window frame. Initial testing of the blood stains found on the victim’s clothing revealed the presence of type O blood (the victim had type O blood) and the presence of type A blood. Type A blood was also found on the broken window. Copies of the fingerprints were submitted to the State police but no match was found in that database. Polymerase chain reaction (PCR) testing conducted in 1998 on the samples of blood that were taken from the victim’s blouse, skirt, jacket, and from the broken window frame (and frozen for the interim seven years) revealed the existence of two distinctly different deoxyribonucleic acid (DNA) profiles. The DNA from the blouse and skirt was an identical match to DNA taken from the victim. That found on the green jacket and the window frame was from another individual, whose identity was unknown. For nine years, investigators had no suspects in the case.

On March 11, 2000, the Boston police department acquired a computerized fingerprint filing and identification system known as the Automated Fingerprint Identification System (APIS). That same day, a fingerprint expert for the Boston police department, Officer Dennis LeBlanc, entered images of the fingerprints taken from the crime scene at 56 Clifford Street into the APIS database. Within two hours, Officer LeBlanc had identified the defendant as the source of the fingerprints.

[785]*785At about 8:45 a.m. on April 28, 2000, four detectives from the Boston police department and a probation officer from the Boston Municipal Court went to the defendant’s home at 21A San Juan Street. When the defendant answered the door, the officers informed him that he was going to be arrested on an outstanding default warrant issued by the Boston Municipal Court for possession of cocaine. The officers waited while the defendant helped his two young daughters get ready for school. The probation officer then walked the children to school. The defendant made two telephone calls to his wife. He was then arrested and placed in an unmarked police vehicle, where he was given, and indicated his understanding of, his Miranda rights.

At the police station, the defendant was brought to the homicide unit. At that point the defendant (who apparently had noticed a sign indicating that he was entering the homicide unit) asked what was going on and was told that all would be explained in due time. The defendant’s manner was cordial. At 9:20 a.m., the detectives again advised him of his Miranda rights. Before signing the line indicating his agreement to make a statement without a lawyer, the defendant demanded to know what was going on. He then was informed that he was being charged with murder.

The defendant’s initial response was to volunteer that, although he had done a “lot of b and e’s,” he had never killed or stabbed anyone. The defendant then agreed to sign the printed Miranda form and made the following statement. The defendant had in the past been a frequent visitor to Martinez’s first-floor apartment and often bought “dope” from Martinez. He had been present at 56 Clifford Street one time when someone had attempted to break in and had once fixed a rear window.1 The defendant knew the victim and had helped carry her groceries. The defendant stated to the police that he had not been at 56 Clifford Street on the day the victim was murdered, but that he always had believed Martinez was responsible for her death.

When confronted with the fact that his bloody fingerprints had been found on the broken window and frame on the day [786]*786after her murder, the defendant told the police that he had broken the window while he and his brother had attempted to break into Martinez’s apartment while “fending” for drugs. The defendant admitted to cutting his hand and showed the officers the resulting scar. Because a steel grate on the window prevented his entry, the defendant stated, he used a screwdriver to “jimmy” the back door of the house, and he and his brother entered the back common hallway.

The defendant then described to the detectives three variations of events that occurred next. First, the defendant stated that, as he entered the hallway, he heard a noise coming from the second floor, and he turned and ran, leaving his brother in the hallway. Next, the defendant told the detectives that, as he was in the hallway, he saw a figure of a person (whom the defendant thought was Martinez) coming down the back stairs before he fled. Finally, when questioned about the presence of the same blood on the victim’s jacket as on the broken window, the defendant admitted to the police that he may have brushed by the victim to make his escape. The defendant stated, “I may have touched her but I never killed her.”

The defendant also offered alternative explanations of how he first learned of the murder. The defendant stated: (1) his brother, Roberto (who had since died from AIDS) had made a deathbed confession to the defendant that he (Roberto) had killed the victim; (2) a friend had mentioned to him that something had happened at 56 Clifford Street; and (3) he had watched news of the murder on television.

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Bluebook (online)
824 N.E.2d 830, 443 Mass. 782, 2005 Mass. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-delvalle-mass-2005.