Commonwealth v. Keniston

667 N.E.2d 1127, 423 Mass. 304, 1996 Mass. LEXIS 180
Massachusetts Supreme Judicial Court·Decided July 26, 1996·Published·Cited by 31 cases

Opinion

O’Connor, J.

A jury found the defendant guilty of murder in the first degree with deliberate premeditation and extreme atrocity or cruelty. On appeal, the defendant argues that evidence was erroneously admitted at trial, cross-examination was unfairly limited, the judge improperly and prejudicially admonished defense counsel in the presence of the jury, and harmful prosecutorial misconduct occurred. The defendant also challenges the judge’s instructions to the jury. We affirm the conviction.

We set forth some of the pertinent trial evidence as follows. Kenneth Wythe and the defendant became acquainted in the early 1980’s. Soon after they met, they entered into a sexual relationship, following which they did not see each other for several years until the late 1980’s when their relationship was casual. On September 1, 1989, Wythe and the defendant met at a bar. The defendant spent that night with Wythe in Wythe’s apartment. The apartment was in a house in the Dorchester section of Boston, owned by the victim in this case, Ernest R. Jordan. Jordan lived there with a group of homosexual males. For a period ending a month or month and one-half before September 1, 1989, Wythe was Jordan’s lover. By September, Wythe’s relationship with Jordan was more of “caregiver” than lover. Wythe testified that, at that time, he “was more involved in trying to help Ernie work out his problems with drinking.”

On the morning of September 2, following the night that the defendant spent with Wythe, Jordan, the victim, went to Wythe’s third-floor bedroom, where he found Wythe and the defendant. Wythe assisted Jordan, whom he perceived to be inebriated, back to Jordan’s bedroom. Thereafter, the defendant stayed at Jordan’s house as a paying tenant. He stayed with Wythe in Wythe’s apartment.

Several days before Jordan was killed, Wythe heard the defendant and Jordan arguing. The defendant called Jordan an “asshole” and said he would “take care of him.”

The defendant talked openly about his relationship with Wythe in front of Jordan and two other tenants, Michael Siler and Ronald Riley. The defendant forcefully said that Wythe belonged to him and that nobody would take Wythe from him. In the week before Jordan was killed, the defendant made such statements in Jordan’s presence repeatedly.

[306] On September 2, 1989, William Scott, a friend of Siler, observed a large knife with a long silver handle “stuffed in the back of’ the defendant’s pants. After taking the knife away from the defendant, Scott asked the defendant what he was going to do with the knife, at which point the defendant grinned at Scott and continued down the stairs. Scott brought the knife to Siler’s room and put it under the mattress, and Siler subsequently put the knife on top of his bureau.

Michael Carter testified that sometime around 6 or 7 p.m. on the evening of September 8, the defendant and Siler were upset because some food had disappeared from the house. The defendant stated to Siler, “I’ll cut your throat right now.”

Jordan was killed on September 8. On that day, between 5 and 6 p.m., Wythe went downstairs to the kitchen where he found Jordan and the defendant. Carter, Siler, and Riley came into the kitchen. Wythe had made plans to visit his friend of many years’ duration, Dennis Holland, at Holland’s house in Cambridge. He left Jordan’s house between 7:30 and 8 p.m. for that purpose. Carter and Siler left at the same time. At 8 p.m., Riley retired to his basement apartment. The defendant and the victim remained in the house. At 9 p.m., Riley heard the defendant and Jordan arguing. Jordan stated, “I know what’s going on around here. Don’t tell me. I know.” The defendant replied in a loud, heated voice, “You don’t know shit. You don’t know shit. Then tell me what’s going on.” Wythe returned to Jordan’s house at about 9:30 that evening. The defendant told Wythe that Jordan was taking a nap. Carter and Siler returned to the house at 10 p.m. and remained in Siler’s upstairs bedroom for three hours. Wythe made drinks for himself and the defendant and carried them to the den on the second floor, where the two watched a movie. Wythe spoke with the defendant while watching the movie and had a normal conversation with him.

At 11:30 p.m. Wythe dialed Holland’s telephone number at the defendant’s request, and the defendant told Holland that he “took care of the problem.” Neither Wythe nor Holland knew the meaning of the defendant’s statement. Deciding that he wanted to visit Holland at 1:30 a.m., Wythe knocked on Jordan’s bedroom door to obtain some cologne. Receiving no response, Wythe walked into Jordan’s room to discover Jordan in his bed, lying still, with his head “smashed open” and blood splattered on the bedroom wall.

[307] Wythe telephoned the police from a public telephone booth because he feared for his safety. Police officers responded to Wythe’s call and went to Jordan’s house. A detective videotaped the scene in Jordan’s bedroom. Blood, hair and skull fragments were on the comer of the nightstand within a foot of Jordan’s head. An officer “lifted” five fingerprints from Jordan’s bedroom, three of which were later identified by a latent fingerprint examiner as the defendant’s. Detective Charles M. Horsley observed the defendant seated on the loveseat in the den with his head back and eyes closed. The defendant’s white mesh shirt, shorts, legs and sneakers were splattered with blood containing the B antigen, which was consistent with the victim’s type B blood. As a result of the medical examiner’s determination that a cutting instrument caused some of Jordan’s injuries, Horsley began to search the premises for a large-bladed knife. Officers ordered the defendant to stand up from the loveseat. Lifting the cushions on which the defendant had been seated, the officers discovered a knife with a stainless steel handle. The knife’s long blade was stained with blood containing the B antigen. The medical examiner saw eleven stab wounds in Jordan’s torso and three lacerations on the left side of Jordan’s head. The cause of the victim’s death was determined to be multiple traumatic injuries.

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Commonwealth v. Keniston, 667 N.E.2d 1127, 423 Mass. 304, 1996 Mass. LEXIS 180 (Mass. 1996).

667 N.E.2d 1127 (Commonwealth v. Keniston) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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