Commonwealth v. Jordan

785 N.E.2d 368, 439 Mass. 47, 2003 Mass. LEXIS 258
CourtMassachusetts Supreme Judicial Court
DecidedMarch 26, 2003
StatusPublished
Cited by26 cases

This text of 785 N.E.2d 368 (Commonwealth v. Jordan) 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. Jordan, 785 N.E.2d 368, 439 Mass. 47, 2003 Mass. LEXIS 258 (Mass. 2003).

Opinion

Cordy, J.

In the early evening hours of February 21, 1994, Joseph Dozier was shot and killed on the steps in front of Boston Latin Academy in the Roxbury section of Boston. His body was riddled with bullets fired from two handguns. More than three years later, Kenyatti Jordan was indicted for the killing, and, after a jury trial, was convicted of murder in the first degree and possession of a firearm. On appeal, Jordan claims that incriminating statements he made to Boston police detectives were either made under the protection of a letter of immunity or were the involuntary product of police deception and should have been suppressed. He also claims that the trial judge unfairly restricted his cross-examination of one of the detectives involved in the deception, and inadequately instructed the jury on the issue of the voluntariness of his statements. Finally, Jordan contends that the judge erred when he rejected three of Jordan’s peremptory challenges of white male jurors, after finding a pattern of excluding such jurors without adequate explanations based on race-neutral and gender-neutral grounds. We affirm the convictions.

1. Motion to suppress. Before trial, Jordan moved to suppress [49]*49statements he made to Boston detectives during their investigation on January 9, 1997, at the office of the United States Attorney; on April 16, 1997, at the Bristol County house of correction; and on May 7, 1997, at the same location, immediately after his indictment for Dozier’s murder. The gravamen of Jordan’s complaint is that the statement he made on January 9 was induced by a promise made by Federal law enforcement agents (in the presence of the detectives) that it would not be used against him in the murder investigation. If that promise was not effective, he contends that the inducement was the product of police deception and his resulting statement was involuntary. He further claims that his subsequent statements to the detectives on April 16 and May 7 were either covered by the initial promise of immunity or irremediably tainted by the deception that prompted his statement on January 9.

In the three statements at issue, Jordan denied being involved in the shooting but admitted being present at the shooting, being armed, and being in the company of the person who he claims actually shot Dozier. These statements were pivotal in the homicide investigation and prosecution because, although there had been an eyewitness who had observed two men confront and shoot Dozier, she could not identify the individuals. Consequently, Jordan’s admissions, combined with the testimony of the eyewitness that both individuals shot the victim, and ballistic evidence that guns of two different calibers were used, formed the core of the Commonwealth’s case against him.1

The motion prompted a pretrial suppression hearing, at which a number of detectives and Federal law enforcement officers testified. The motion judge made extensive findings of fact regarding the circumstances in which Jordan’s statements were made, ultimately concluding that the Commonwealth had sustained its burden of proving beyond a reasonable doubt that they were voluntary and admissible. In reviewing the judge’s ruling on voluntariness, we “accept[] the judge’s subsidiary [50]*50findings of fact absent clear error, [and] give[] substantial deference to the judge’s ultimate findings and conclusions of law.” Commonwealth v. Vao Sok, 435 Mass. 743, 751 (2002), quoting Commonwealth v. Mello, 420 Mass. 375, 381 n.8 (1995).

As backdrop to the statements challenged by Jordan, the judge found that Jordan began working as an informant for various Federal and State law enforcement agencies in 1996, making undercover drug purchases in a major drug distribution investigation. When the State police learned that Jordan was a suspect in the 1994 Dozier homicide, they informed the Federal agents involved in the drug investigation, and ultimately accompanied Jordan to a meeting with Detective Herbert Spell-man of the Boston police department on December 10, 1996. Spellman noted that Jordan had been interviewed about the murder in 1994, and had told police that he had had no involvement in it and had been in the company of a friend, Antonio Jones, and a couple of girls the evening it occurred. Jones had been a prime suspect in 1994 after police found ammunition in his apartment matching the spent ammunition found at the scene of Dozier’s murder.2 Spellman asked Jordan whether he was going to continue to provide Jones an “alibi” in the case. Jordan responded that he was. The interview concluded.

Jordan was also on probation in December, 1996, as the result of other unrelated crimes, and his probation officer was pressing to have his probation revoked because of new arrests. Federal agents had been rebuffed in their efforts to persuade the probation officer to postpone Jordan’s revocation proceeding, scheduled for January 3, 1997, so that Jordan could continue working in their drug investigation. As a consequence, sometime after the December 10 meeting between Detective Spellman and Jordan, one of the Federal agents contacted Boston detectives offering Jordan’s further help in the Dozier murder investigation in exchange for their intervention on Jordan’s behalf in the probation proceedings. This offer led to the fateful meeting in the United States Attorney’s office in Boston on January 9, 1997, attended by Federal agents, an assistant United States at[51]*51torney, the detectives (including Detective Spellman), and Jordan.

The motion judge found that the participants in the meeting approached it from significantly different perspectives. The detectives thought Jordan was involved in the murder and were under the impression that he was prepared to implicate himself. The Federal agents viewed the meeting as an opportunity for Jordan to provide helpful information about the murder so that the detectives would intercede with Jordan’s probation officer. The assistant United States attorney began the meeting by typing up a Federal “proffer immunity” letter and explaining that if Jordan told the truth nothing he said could be used against him directly but that the police could follow up on the information. The detectives said nothing in response to the statements of the assistant United States attorney, knew that they had no authority to enter such an agreement, did not sign the letter, and believed that the proffer letter had no application to proceedings in State court.3 The meeting ended and the detectives proceeded to enter a separate room to interview Jordan. The Federal agents were told that, as a matter of police policy, they could not participate in the interview but that Jordan could come out to speak to them whenever he wished.

The interview began by Detective Spellman’s explaining that he wanted to speak to Jordan about the killing of Dozier. Spell-man informed Jordan that he was a suspect and that he could not offer him any inducements or make any promises, but that he would take anything that Jordan told them to the Suffolk County district attorney. Spellman then took out a card containing the Miranda warnings and went through them one at a time. Jordan stated that he understood each of the rights explained to him. Spellman then asked Jordan if he wanted to talk, and Jordan responded that he wanted to leave the room and talk to one of the Federal agents first, which he did. Jordan told the agent that Spellman said he had “no” immunity.

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Bluebook (online)
785 N.E.2d 368, 439 Mass. 47, 2003 Mass. LEXIS 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-jordan-mass-2003.