Commonwealth v. Goodreau

813 N.E.2d 465, 442 Mass. 341, 2004 Mass. LEXIS 498
Massachusetts Supreme Judicial Court·Decided August 12, 2004·Published·Cited by 90 cases

Opinion

Sosman, J.

The issue on appeal is whether the motion judge abused his considerable discretion when, without first conducting an evidentiary hearing, he denied the defendant’s motion for a new trial. The Appeals Court, opining that the affidavits submitted in support of the motion were sufficient to raise a serious issue with respect to the defendant’s competence at the time of his guilty plea, held that the judge had abused his discretion in ruling on the motion without an evidentiary hearing. Commonwealth v. Goodreau, 58 Mass. App. Ct. 552, 558-559 (2003). We granted the Commonwealth’s application for further appellate review, and we now affirm the order denying the defendant’s motion.

[342]*3421. Background, a. Investigation of the defendant’s competency prior to his change of plea. On June 10, 1991, the defendant was indicted for murder in the first degree stemming from the May 19, 1991, shooting death of his girl friend’s twenty-two year old son. During the afternoon of May 19, the defendant and the victim had been playing chess and drinking wine at the defendant’s girl friend’s apartment. The defendant’s girl friend and the victim’s young son were also present. When the defendant and the victim later engaged in a heated argument, the defendant’s girl friend told the victim to leave. The defendant went into his bedroom, retrieved a rifle, and returned to the living room as the victim was on his way out of the apartment. The defendant fired two shots, one of which struck the victim through the chest. The victim died shortly thereafter.

In a statement given to the police on the night of the shooting, the defendant acknowledged that he had shot the victim, although he did not have a specific memory of firing the shots. He remembered playing chess with the victim, and had some memory of a possible confrontation. He then remembered hearing a shot. He explained that the gun was kept in the bedroom closet, but that he always kept it unloaded with the clip stored in a can on the bureau (from which it could be inferred that the defendant had loaded the gun before returning to the living room and firing it).1 Over the course of his confession, the defendant expressed remorse for the shooting and a desire to kill himself. He told the police that he loved the victim and the victim’s child; that he considered the victim as his own son and the victim’s child as his own grandson; and that the child had been present during the shooting and had witnessed his father’s death.

On June 4, 1991, the defendant was examined for competency and criminal responsibility pursuant to G. L. c. 123, § 15 (a). The examiner, Dr. Barry Nigrosh, found “no evidence of thought disorder or misapprehension of reality.” The defendant’s “associations were logical, and his train of thought was goal [343] directed.” Despite his very limited education, the defendant displayed a fund of knowledge and analytical skills, leading Dr. Nigrosh to conclude that the defendant had “average or above average intellectual capacity.” The defendant had memory problems with respect to earlier periods of his life when he had been drinking heavily, but there was no evidence of short-term memory deficit. The defendant voiced feelings of guilt and remorse, and stated (in various ways) that he wanted to kill himself.

When Dr. Nigrosh questioned the defendant about the charges and the trial process, the defendant reflected an awareness of the seriousness of the charge, and gave “good descriptions” of the participants in a trial and their respective roles. He also described accurately the process of entering a plea, and reflected an understanding of plea negotiations. However, when the subject of plea bargaining was raised, the defendant stated that he did not want “any deals” and again expressed a desire to kill himself. When Dr. Nigrosh questioned the defendant as to whether he would cooperate with his lawyer and how he would react if his lawyer attempted to get him a reduced sentence or an acquittal, the defendant indicated that he would be cooperative. At the same time, however, he reiterated a desire for his own death.

Dr. Nigrosh opined that the defendant was “in most respects capable of understanding the proceedings.” However, he found “some evidence of self-defeating motivation and desire for punishment which could interfere with [the defendant’s] participation in defense planning and might be considered irrational.” Therefore, Dr. Nigrosh stated that he could not “offer an unqualified recommendation that the defendant be considered presently competent for trial.”

On the issue of criminal responsibility, Dr. Nigrosh found “no gross evidence of major mental illness,” but did note “a marked situational depression.” Based on the defendant’s history of alcohol abuse and memory loss, Dr. Nigrosh questioned whether the defendant had suffered organic brain damage, although he saw no “strong evidence of organic deterioration.” He was doubtful that there was a valid insanity defense, noting that voluntary intoxication was the “primary factor” underlying [344] the incident. However, because he could not “absolutely rule out the possibility of an underlying organic condition,” he could not render an opinion on the issue of the defendant’s sanity “in an unqualified way.” As a result, Dr. Nigrosh recommended that the defendant be committed for further evaluation pursuant to G. L. c. 123, § 15 (b).

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Commonwealth v. Goodreau, 813 N.E.2d 465, 442 Mass. 341, 2004 Mass. LEXIS 498 (Mass. 2004).

813 N.E.2d 465 (Commonwealth v. Goodreau) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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