Commonwealth v. Isle

694 N.E.2d 5, 44 Mass. App. Ct. 226, 1998 Mass. App. LEXIS 17
CourtMassachusetts Appeals Court
DecidedJanuary 28, 1998
DocketNo. 96-P-1586
StatusPublished
Cited by16 cases

This text of 694 N.E.2d 5 (Commonwealth v. Isle) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Isle, 694 N.E.2d 5, 44 Mass. App. Ct. 226, 1998 Mass. App. LEXIS 17 (Mass. Ct. App. 1998).

Opinion

Lenk, J.

The defendant appeals his conviction by a jury under the witness intimidation statute, G. L. c. 268, § 13B. The defendant was also convicted of one charge of assault and battery, which he does not appeal. The defendant was acquitted of additional charges of assault and battery, assault with a dangerous weapon, and threats to commit a crime against a police officer. In appealing his conviction under c. 268, § 13B, the defendant challenges the judge’s denial of his motion for a required finding of not guilty, and contends that the judge’s instructions to the jury deprived him of a fair trial.

1. Facts. Viewing the evidence presented at trial in the light most favorable to the prosecution, the jury could have found the following facts. Ralph Petraglia lived with his wife Diane and their three children in the home of Ms. Petraglia’s parents. Ms. Petraglia’s sister Janice and her husband, defendant Geoffrey Belle Isle, also shared the family residence. On September 21, 1995, the defendant arrived home, entering the house through the living room, where the Petraglias and two of their children were having dinner. The defendant briefly went into the kitchen, then returned to the living room, where he physically attacked his brother-in-law, Ralph Petraglia.

After trying unsuccessfully to stop the assault on her husband, Diane Petraglia stated that she was going to call the police, went into the adjoining dining room, and picked up the telephone. Janice followed her sister into the dining room and placed her finger on the phone hook to disconnect the call. The defendant temporarily stopped beating Ralph Petraglia, entered the dining room, and severed the phone cord from the wall. He then returned to the living room, where he continued to attack Ralph Petraglia.

Diane Petraglia left the house with her two children and went to a neighbor’s house to call the police. The defendant subsequently left the residence, departing just as the police were arriving. The police entered the residence and found Ralph Petraglia lying on the floor in a fetal position, bleeding and bruised. Mr. Petraglia stated that his brother-in-law, Geoffrey Belle Isle, had attacked him. Two policemen followed the defendant, and arrested him without resistance.

The defendant admitted to attacking his brother-in-law and pulling the phone cord from the wall with enough force to sever [228]*228it. However, he denied that he was trying to stop Diane Petraglia from calling the police. He explained that the Petraglias’ older daughter had been making trouble for him by telephoning his son from a former relationship, and that he had disconnected the telephone to stop that contact.

2. Denial of a required finding of not guilty. The defendant contends that the judge erred in denying his motion for a required finding of not guilty because (a) there was no evidence of an ongoing criminal investigation at the time he pulled the phone cord from the wall, and (b) there was insufficient evidence that he acted with the requisite intent or used the requisite force to intimidate a witness.

(a) Ongoing criminal proceeding. We have held that the purpose of the witness intimidation statute, in part, is to prevent interference with the administration of justice.2 Commonwealth v. Burt, 40 Mass. App. Ct. 275, 277 (1996). Commonwealth v. Rondeau, 27 Mass. App. Ct. 55, 59 (1989). To that end, the statute has two distinct branches — a “witness” branch and a “furnishing information” branch. Commonwealth v. Burt, 40 Mass. App. Ct. at 275 n.1, 277, 278.

In what is essentially a grammatical argument, the defendant contends that because the “witness” branch of the statute refers to a trial or other criminal proceeding, the statute should not apply to him because there was no ongoing criminal investigation at the time he severed the phone cord from the wall.3 Neither the plain language of the statute nor the legislative history supports the defendant’s interpretation.

The language of the witness intimidation statute has two distinct branches, separated by the word “or.” The statute may be applied either to witnesses and jurors in ongoing criminal proceedings, or to any person furnishing information to a criminal investigator relating to a crime. Commonwealth v. Burt, supra. Where the statutory language is clear, the courts [229]*229must impart to the language its plain and ordinary meaning. Enos v. Correia, 38 Mass. App. Ct. 318, 322 (1995).

As originally enacted G. L. c. 268, § 13B, specifically prohibited interference “with any person furnishing information . . . to a person conducting a criminal investigation.” St. 1969, c. 460. However, the Legislature expanded the statute the following year to prohibit interference with “any person furnishing information to a criminal investigator relating to a violation of a criminal statute of the commonwealth.” St. 1970, c. 177. The amended statute specifically defined criminal investigator as “an individual . . . lawfully authorized by a department or agency of the commonwealth ... to conduct, or engage in, an investigation of, or prosecution for, a violation of the laws of the commonwealth in the course of his official duties.” This history indicates that the Legislature intended the statute as amended to include furnishing information to a police officer at any stage of a criminal investigation. The defendant’s contention that the “furnishing information” branch is inapplicable absent an ongoing trial or criminal proceeding is not supported by the language of the statute or the legislative history.

(b) Sufficiency of the evidence. The defendant further contends that the trial judge erred in denying his motion for a required finding of not guilty because the evidence was insufficient to establish that he acted with the requisite intent or used the requisite force to intimidate a witness.

In reviewing the sufficiency of the evidence at trial, we must look at the evidence in the light most favorable to the Commonwealth to determine whether any rational jury could have found the essential elements of the crime beyond a reasonable doubt. Commonwealth v. Latimore, 378 Mass. 671, 677 (1979), S.C., 423 Mass. 129 (1996). All that is required is that the evidence and permissible inferences be “of sufficient force to bring minds of ordinary intelligence and sagacity to the persuasion of [guilt] beyond a reasonable doubt.” Id. at 676 (citations omitted).

The elements of the crime of attempting to intimidate a witness include endeavoring to interfere with a person through the use of intimidation, force, or threat of force; therefore, the Commonwealth has the burden of production and persuasion as to those matters. Commonwealth v. Rondeau, 27 Mass. App. Ct. at 55. The statute punishes a wilful endeavor to intimidate a person through the use of force. We have previously observed [230]*230that “ ‘endeavor’ connotes a somewhat lower threshold of purposeful activity than ‘attempt.’ ” Id. at 61 (citations omitted). In Rondeau, the defendant argued that the prosecution had failed to prove the requisite intent because the defendant had approached the wrong person by mistake, and had not actually approached the witness.

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Cite This Page — Counsel Stack

Bluebook (online)
694 N.E.2d 5, 44 Mass. App. Ct. 226, 1998 Mass. App. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-isle-massappct-1998.