Commonwealth v. Lanagan

779 N.E.2d 677, 56 Mass. App. Ct. 659, 2002 Mass. App. LEXIS 1501
CourtMassachusetts Appeals Court
DecidedDecember 5, 2002
DocketNo. 00-P-1140
StatusPublished
Cited by1 cases

This text of 779 N.E.2d 677 (Commonwealth v. Lanagan) 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. Lanagan, 779 N.E.2d 677, 56 Mass. App. Ct. 659, 2002 Mass. App. LEXIS 1501 (Mass. Ct. App. 2002).

Opinion

Smith, J.

On May 11, 1998, a Franklin County grand jury returned indictments against Suzanne and James Lanagan, charging them with arson of a dwelling house in violation of [660]*660G. L. c. 266, § 1, and wilfully burning an insured building with intent to defraud its insurer in violation of G. L. c. 266, § 10.

On May 20, 1999, after a jury trial, the defendants were found guilty of both charges. Suzanne’s motion for new trial or a required finding of not guilty was denied. The defendants appealed, and their appeals were consolidated. Subsequent to such consolidation, James withdrew his appeal.1 We affirm Suzanne’s conviction.

On appeal, Suzanne claims that the judge committed error in denying her motions for required findings of not guilty on both charges. She also contends that her trial lawyer was constitutionally ineffective.

1. Denial of motions for required findings of not guilty.

Facts. Viewing the facts in the light most favorable to the Commonwealth, as we must, the jury could have found the following facts. Commonwealth v. DePalma, 41 Mass. App. Ct. 798, 799 (1996). James and Suzanne lived in New Salem in a house that James had inherited from his father. In April of 1997, James obtained a loan of $32,100 from a mortgage company, which included a cash disbursement of $25,000. He also obtained an insurance policy covering the dwelling in the amount of $80,000 and $40,000 for the contents. In August, he tried to increase the coverage on the dwelling but could not because the amount in the policy was at the maximum rebuilding cost.

According to the record, in October of 1997, James borrowed $47,500 from another mortgage company, of which approximately $34,500 was paid to discharge the first mortgage and over $9,000 was disbursed to James. Later that month James increased his contents coverage by changing it to cover the replacement costs of the contents rather than the value of the destroyed property.

James had worked only sporadically since he had obtained the mortgages. Suzanne worked at home, occasionally raising puppies for sale. At the time of the fire, James was two months behind on the mortgage payments and one month behind on his car loan payments.

[661]*661Before the fire, James and Suzanne told some of their friends of their plans to build a log cabin on the site of their present home. When asked what they planned to do with their present home, James responded that they “were not sure what they were going to do to get rid of the house.”

In February of 1998, Suzanne asked a friend for some boxes so she could pack some items that she was removing from the house because she and James planned to “bomb” the house to rid it of ants. Later, either in February or March, Suzanne told friends that the “bombing” was not successful and that it would have to be repeated.

On March 8, 1998, James leased a storage unit in New Hampshire for a two-month period. He informed the proprietor that he was storing household goods and moving to the area. Suzanne accompanied James to the storage unit on at least one occasion.

At approximately 3:00 p.m. on March 18, 1998, volunteer firefighters for the New Salem fire department responded to calls that smoke was seen coming from James’s and Suzanne’s home. When firefighters arrived at the property, they observed smoke coming out of the eaves, and peering inside, they could see thick black smoke, but no flames. Several windows were broken in order to vent the smoke and to permit water to be directed into the house. It took several hours to extinguish the fire.

About twenty-five to thirty minutes after the firefighters were alerted, James walked up to the house, leading a horse. He appeared puzzled or shocked when a volunteer firefighter told him that the house was on fire. James, as a volunteer firefighter, was wearing a pager and told Justin McGrath, another volunteer firefighter, that he had heard the page, but had thought it was for the brush fire for which James had been issued a permit. James explained that one of his two horses had run away before the fire and that he went after it. He told a neighbor that “everything was gone” and that “everything I owned was in there.”

Sometime thereafter, Suzanne arrived at the scene. She was “very shaken up” and crying. By the time the fire was brought under control, the house had been destroyed.

[662]*662Later that evening, Fire Chief Thomas Reidy spoke with the defendants, and Suzanne explained that she had been cooking stew on the stove and potatoes in a deep fat fryer when one of their two horses ran away. She put her dogs in the car, took the other horse, and went with James to find the runaway horse. Suzanne told Reidy that they had “basically lost everything” and that all she had were the clothes she was wearing. James again said that everything he owned was in the house.

The day after the fire, Suzanne told her friend, Laura Pu-miglia, that she had “lost everything,” including the crystal that had been a wedding present from Pumiglia. Sometime later, Suzanne told Pumiglia that the crystal had been in storage and was “okay.”

On March 19, 1998, State Trooper Christopher Ware and Fire Chief Reidy inspected the site to determine the point of the fire’s origin and its cause. Other than an area near the kitchen, the house was completely destroyed, and part of the floor had collapsed into the basement. In the kitchen, which was relatively intact compared to the rest of the building, Trooper Ware found a pan on the stove which contained beef stew. The lower part of the pan, which held the stew, was unaffected by the fire. Because the liquid in the stew had not boiled away, Ware concluded that the pan had not been the cause of the fire. Ware also found the deep fat fryer, holding overcooked potatoes and no liquid, on the counter next to the stove. The deep fat fryer had been damaged by the fire in that some of the metal had been burned away or melted. Because of the extent of the damage sustained by the house, Ware was unable to examine the entire structure and, therefore, could not render an opinion as to the cause and origin of the fire.

On March 19, 1998, James filed an insurance claim for total loss of the house due to the fire. On March 20, 1998, Suzanne and James met with Eric Von Wagoner, an insurance claims adjuster, who came to examine the house. In the area of the master bedroom, Von Wagoner observed a twin or full-size box spring. James told Von Wagoner that it was queen-size. James also corrected Von Wagoner when Von Wagoner indicated that the insurance policy’s contents coverage was $40,000, rather [663]*663than the $54,000 to which James had had it increased.2 Von Wagoner told the defendants that he would send them a contents list form on which they could list lost items of property as well as the age and original cost of such items. Von Wagoner never received the form from the defendants. The defendants never mentioned to Von Wagoner that they had other personal possessions stored elsewhere.

On March 31, 1998, State Trooper Gerald Perwak and Dennis Williams, an insurance fire investigator, examined the ruins of the defendants’ home. They found that the kitchen was one of the areas that had suffered the least damage. The greatest amount of damage was in the area of the stairwell to the cellar, where the building had collapsed into the basement.

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Cite This Page — Counsel Stack

Bluebook (online)
779 N.E.2d 677, 56 Mass. App. Ct. 659, 2002 Mass. App. LEXIS 1501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lanagan-massappct-2002.