Commonwealth v. Fuller

657 N.E.2d 1251, 421 Mass. 400, 1995 Mass. LEXIS 453
Massachusetts Supreme Judicial Court·Decided November 21, 1995·Published·Cited by 43 cases

Opinion

Fried, J.

This case consolidates an appeal from an order of a single justice of this court with an appeal from a conviction of murder in the first degree. The single justice denied Fuller’s motion requesting that the case be remanded to a juvenile session of the District Court for reconsideration of that court’s decision to transfer the defendant to Superior Court for trial as an adult. The defendant claims that in making his decision to transfer, the District Court judge should have considered the applicability of St. 1991, c. 488, § 7, to G. L. c. 119, § 72, requiring confinement of juveniles convicted of first degree murder for a period of from fifteen to twenty years. The defendant did not raise this issue at the transfer hearing. We hold that St. 1991, c. 488, § 7, was not applicable to the defendant.

The defendant also complains of the trial judge’s failure in her jury instructions to define “mental disease or defect,” to instruct on voluntary manslaughter, to define properly third prong malice, and to instruct on the credibility of an immunized witness. Defense counsel did not raise these issues at trial, and we rule that what errors there may have been did [402] not create a substantial likelihood of a miscarriage of justice.2 G. L. c. 278, § 33E (1994 ed.). Finally, the defendant claims that the trial judge erred in excluding certain hearsay evidence that he claims might have been favorable to him. We also reject this claim, as we do the defendant’s request for a new trial or reduced verdict pursuant to G. L. c. 278, § 33E.

I.

Jamie Fuller, who was sixteen years old at the time of the incident, brutally killed his fourteen year old girl friend on August 23, 1991. At trial it was not disputed that Jamie Fuller had killed the victim. The principal focus of the evidence offered at trial, particularly the evidence regarding his statements and actions in the days before and after the killing, was directed to the defendant’s frame of mind and his responsibility for his actions.

The defendant and the victim had had an intense and troubled romantic relationship for two years preceding the killing. In the last year each had dated other people, and this increased the tension between them. Fuller spoke several times of killing the victim, to her and to others. In the months before the killing, he had discussed with his friends ways for the victim to procure an abortion without her having to obtain parental consent, having someone beat Amy so as to cause a miscarriage, or having her killed. The day before the killing the victim had taken a trip to Gloucester with two girls and two boys. When the defendant learned about this he is reported to have said, “I’m getting sick of this. I swear I’m going to kill her. . . . This shit’s got to stop. . . . She won’t be around to go out with anyone any more. . . . I’m going to fucking kill her.” The next morning he called her repeatedly and insisted that she come to his house to meet him. On the day of the killing, before she arrived, the defendant met Dominic Sciola and later Mark [403] DeMeule. Sciola testified that the defendant said he was going to kill the victim and that he invited Sciola to come along. He later told Mark DeMeule the same thing. When DeMeule taunted him that he “didn’t have the balls to do” it, the defendant replied, “You’ll see.”

The defendant and his two friends met the victim. They were joined by Michael Maillet and briefly by Scott Ward. This group walked out of the defendant’s house and along a path into a field. The defendant and the victim separated from the others. The others heard screams, and when the defendant rejoined them he said, “It’s done.” He was bloody and had “a smirk on his face.” He showed the others his knife and said it had broken during the attack. He also said to DeMeule, “The bitch shouldn’t have messed with me.” DeMeule testified that as the group walked away from the scene Fuller described how he had killed the victim. Fuller reported to the group that “he placed his hand over her mouth and said, T love you,’ and then stabbed her in the stomach and then got behind her and pushed [so that] he could feel the point [of the knife] hit his stomach. Then he . . . stabbed her in the back and she had tried to pull away and she bit . . . his hand and then she screamed. . . . [S]he tried to run and he grabbed her by her hair and pulled her back and covered her mouth again and then cut her throat. . . . When she was on the ground . . . she kept saying, T love you, Jamie,’ and she was gargling on her own blood and he said it pissed him off so he stomped on her head.”

There was further testimony about Fuller’s conduct after the killing. At Sciola’s house he washed the blood off his arms, drank red Kool-Aid because it was “right for the occasion,” took Maillet to see the body, and then warned his companions that they would “be next” if they “were to say anything.” Later that day, Fuller led his friends in the task of disposing of the victim’s body. They obtained two trash bags, two cinder blocks, and lobster line (which would not fray in the water), and he and Maillet threw the weighted body into Shoe Pond. Thereafter, he denied knowing the vie[404] tim’s whereabouts to the police and to his friends and joined in searching for her. Finally, on August 28, five days after the killing, Maillet led the police to the victim’s body, and Fuller was arrested. At the time of his arrest, he “put on a half-smile smirk and began to chuckle.” During questioning Fuller was calm and accused his friends of killing her.

At trial, the defense made a convincing showing — principally through cross-examination of the Commonwealth’s witnesses — that for some time Fuller had been using steroids. He had been small and shy, but one and one-half years prior to the killing he grew quickly and gained some thirty pounds. He began to drink “all the time” and became quarrelsome and aggressive. There was testimony from several witnesses that they had seen him buying what they thought to be steroids and that they had seen him with pills, vials, and hypodermic needles. One witness testified that she had provided Fuller at his request with a hypodermic needle. There was also testimony that his buttocks were sore “[bjecause of the needle.”

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Commonwealth v. Fuller, 657 N.E.2d 1251, 421 Mass. 400, 1995 Mass. LEXIS 453 (Mass. 1995).

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