Commonwealth v. Freeman

712 N.E.2d 1135, 430 Mass. 111, 1999 Mass. LEXIS 491
CourtMassachusetts Supreme Judicial Court
DecidedJuly 21, 1999
StatusPublished
Cited by64 cases

This text of 712 N.E.2d 1135 (Commonwealth v. Freeman) 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. Freeman, 712 N.E.2d 1135, 430 Mass. 111, 1999 Mass. LEXIS 491 (Mass. 1999).

Opinion

Ireland, J.

The defendant appeals from his conviction of murder in the first degree under the theories of deliberate premeditation, felony-murder, and extreme atrocity or cruelty. The jury also found the defendant guilty of armed assault in a dwelling, armed robbery, armed home invasion, armed burglary and assault on an occupant, possession of a sawed-off shotgun, and larceny.1

On appeal, the defendant asserts that four issues warrant a reversal of his convictions and a new trial: (1) his statements to the police should have been suppressed because they were not given voluntarily; (2) evidence of his motive was wrongly excluded; (3) a coventurer’s statement was improperly admitted; and (4) certain expert testimony was of improper scope. The defendant further asks us to exercise our power under G. L. c. 278, § 33E, because (1) the prosecutor improperly vouched for the credibility of witnesses and appealed to the jury’s emotion in closing; (2) he received ineffective assistance of counsel; and (3) the trial judge wrongly instructed the jury concerning murder in the first degree, felony-murder, and malice aforethought. We affirm the defendant’s convictions and decline to exercise our power under G. L. c. 278, § 33E.

1. Facts. The jury were warranted in finding the following facts. On the night of June 22, 1995, the defendant, Leonard Stanley, and Patrick Morse arrived at Amy McCormack’s house in Brockton. The three men had talked about going to beat someone up, and began dressing in black to prepare for the encounter. McCormack overheard the defendant telling Morse that someone “had a lot of guns hidden in the house.”

Around midnight, the three men left for a restaurant, where the defendant asked Morse and Stanley if they wanted to commit a robbery. They agreed, and the defendant proceeded to plan the robbery and to explain how they would enter the house. [113]*113He told the others that he had two knives with him that he planned to bring to the house.

The defendant entered the victim’s house through an open rear window, and let the other two men in through the rear door. He walked into the victim’s bedroom, where the victim was sleeping, turned on the light, and began assaulting him with a knife. The victim awoke and attempted to defend himself. The defendant shoved his hand down the victim’s throat and yelled at him. At one point, the defendant lost his knife and asked the others to pass him another one, which he used to continue stabbing the victim. The victim died of approximately twenty-three stab and incised wounds.

After the victim was dead, the three men stole his shotgun and returned to McCormack’s house, where McCormack saw a bloody knife in a dog’s water bowl. Stanley went to sleep as McCormack, Morse, and the defendant talked about what had happened. Morse and the defendant described the attack to Mc-Cormack. They told her that they had gone to the victim’s house, where the defendant walked into the victim’s bedroom, lost control, began yelling and screaming, and stabbed the victim with two knives.

After telling McCormack what they had done, Morse and the defendant disposed of the defendant’s bloody clothes, cleaned out Morse’s car, and returned to the victim’s house in an attempt to wipe off any fingerprints. The two men then left the car near a friend’s home and threw one of the knives into the woods. Later that day, the defendant told several people that he had killed someone. He also showed his girl friend one of the bloodstained knives, and said, “You could still smell the blood on it.”

One day after the attack, a friend of the victim discovered the body. The police investigation soon focused on the defendant, Morse, and Stanley. On June 25, an arrest warrant was issued for the defendant. He avoided arrest by hiding in the woods near Brockton until June 29. After he was apprehended, the defendant gave three separate statements in which he confessed to the murder.

2. Motion to suppress. The defendant unsuccessfully attempted to suppress the statements he gave to the police on the day of his arrest. On appeal, he contends that the motion judge should have suppressed the statements because the lack of food, sleep, and water he endured while “having lived in the woods” [114]*114for four days prior to his arrest made him unable either to waive his Miranda rights, or to make the statements voluntarily. He also argues that the police erred by not recording the. statements electronically.

We summarize the motion judge’s findings of fact, which were amply supported by the evidence. See Commonwealth v. Rankins, 429 Mass. 470, 471 (1999). The defendant was arrested, and brought to the Brockton police department. The defendant alleged that he had been without food or water for the four days he was in the woods, but he did not mention the lack of food or water as the reason for going to his friend’s house. Instead, he only asked to clean up and make a telephone call. Although he appeared unkempt, the defendant was quite lucid, responsive, and aware of his surroundings. He was given a soda and some food, of which he only ate a portion. He remained coherent throughout the interview. Police officers informed him, both orally and in writing, of his Miranda rights, which he waived, both orally and in writing. After the defendant gave a partial statement, in which he discussed having planned the robbery, he was moved to another police station, where he again was read his Miranda rights, waived them, orally and in writing, and gave another incriminating statement concerning his involvement in the murder. Later that evening, at the defendant’s request, he spoke with a police officer, at which time his Miranda rights were read and orally waived again. He then stated that the victim had raped him when he was a child, and that this had prompted his attack.

A waiver of the right to counsel and the right to remain silent must be made voluntarily, knowingly, and intelligently in order to be valid. See Commonwealth v. Rankins, supra at 473. The inquiry is twofold — (1) whether the defendant knowingly and intelligently waived his Miranda rights and (2) whether the statements were made voluntarily. See Commonwealth v. Mello, 420 Mass. 375, 383 (1995), citing Commonwealth v. Parham, 390 Mass. 833, 838 (1984). In making this determination, the court “must examine the totality of the circumstances surrounding the making of the waiver.” Commonwealth v. Pucillo, 427 Mass. 108, 110 (1998), quoting Commonwealth v. Magee, 423 Mass. 381, 386 (1996). Relevant factors for this inquiry include “promises or other inducements, conduct of the defendant, the defendant’s age, education, intelligence and emotional stability, experience with and in the criminal justice system, physical and [115]*115mental condition, the initiator of the discussion of a deal or leniency . . . and the details of the interrogation, including the recitation of Miranda warnings.” Id., quoting Commonwealth v. Mandile, 397 Mass. 410, 413 (1986).

The judge was warranted in concluding that the defendant voluntarily, knowingly, and intelligently waived his Miranda rights. The defendant orally waived his rights when they were read to him on three separate occasions, and he also signed a waiver card each time he was presented with one.

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Bluebook (online)
712 N.E.2d 1135, 430 Mass. 111, 1999 Mass. LEXIS 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-freeman-mass-1999.