Commonwealth v. Marshall

749 N.E.2d 147, 434 Mass. 358, 2001 Mass. LEXIS 335
Massachusetts Supreme Judicial Court·Decided June 20, 2001·Published·Cited by 54 cases

Opinion

Ireland, J.

A jury convicted the defendant of murder in the first degree based on a theory of deliberate premeditation. The defendant has appealed from the conviction, claiming that the [359] judge erred in denying his motions for a required finding of not guilty, and made numerous reversible errors in her evidentiary rulings. He also requests that we exercise our plenary power under G. L. c. 278, § 33E, to reduce the degree of guilt. For the reasons set forth below, we affirm the conviction and decline to exercise our power under G. L. c. 278, § 33E.

1. Background. We summarize the facts in the light most favorable to the Commonwealth, reserving certain details for discussion in conjunction with the issues raised. Commonwealth v. Fisher, 433 Mass. 340, 341 (2001). For several years, the victim and the defendant had been involved in, according to the defendant, an “up and down” romantic relationship. Although they never married, they lived together. Within the first one and one-half years of the relationship, the victim obtained a protective order, pursuant to G. L. c. 209A, against the defendant because she feared that he would harm her physically. She subsequently let this order expire, and one month later, the couple’s son was bom.

During the following weeks, the relationship deteriorated. The defendant and the victim argued frequently. She moved out of their home. Approximately one month prior to the murder, the defendant approached one of the victim’s friends and informed her that the victim had “better be willing to die for [the baby] because if anything happens to the baby, that’s what’s going to happen to her.” Shortly thereafter, the defendant held a knife to the victim’s neck and warned her that “one day something was going to happen to her if things continued the [way they were].” Nine days before she died, the victim, again fearing that the defendant would harm her, obtained a second protective order against him.

On the day of the murder, despite the no-contact order, the defendant paged the victim twice, both times entering the code “911,” followed by their former telephone number, effectively summoning her to their former residence. In response, the victim left her apartment with her older son,1 picked up the baby from the babysitter, and went to the defendant’s house with the children. Also present at the scene were the defendant’s mother, [360] sister, niece, and his two other children. The victim and the defendant went upstairs to the bedroom. She was later found by police officers, lying on the floor, dead from a stab wound in her back. She had been stabbed with a force analogous to, according to the medical examiner’s testimony, “chopping] through a piece of bone.”

The defendant testified to the following. In the bedroom, he asked the victim why she had obtained the protective order. She did not respond and they began to argue. She then approached the defendant with a fireplace poker “down by her side” and struck his head with her fist. The defendant did not sustain any injuries from the blow. He could not account for the presence of the poker in the bedroom of a house that no longer had a fireplace. In response to the victim’s actions, he “instinctively” reached to the floor for a kitchen knife. Again, the defendant could not explain why a kitchen knife was on the bedroom floor. After he picked up the knife, they “had a struggle and she fell and [the defendant] fell on top of her” with the knife in his hand, although he could not remember what caused him to fall. He attempted to break his fall with the hand holding the knife, and at this point, he went into what he referred to as “shock.”2 He could not testify to any of the events that followed.3 He did, however, acknowledge that the victim was stabbed with the knife he had picked up from the floor. His sister supplied a number of additional details, including the fact that after the murder, the defendant would not allow her or her mother to telephone the police for help, that he covered the victim’s face with a cloth, and that he concealed the knife in another bedroom. A police officer who investigated the crime scene testified that the victim’s body was found covered with trash bags, clothing and other debris. According to the medical examiner, the victim died from the stab wound to her back within five to ten minutes of the attack.

2. Motions for a required finding of not guilty. The defendant [361] moved three times for a required finding of not guilty on the charge of murder in the first degree — after the Commonwealth rested, after the close of the evidence, and after the verdict. The judge denied each motion. The defendant now argues that the Commonwealth’s evidence was insufficient to establish that the murder was committed with both deliberate premeditation and malice.

A defendant is entitled to a required finding of not guilty only when “the evidence is insufficient as a matter of law to sustain a conviction on the charge.” Mass. R. Crim. P. 25 (a), 378 Mass. 896 (1979). See Commonwealth v. Andrews, 427 Mass. 434, 440 (1998). On appeal, we must determine whether “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt” (emphasis in original). Commonwealth v. Latimore, 378 Mass. 671, 677 (1979), quoting Jackson v. Virginia, 443 U.S. 307, 318-319 (1979). “The question of guilt must not be left to conjecture or surmise.” Commonwealth v. Lodge, 431 Mass. 461, 465 (2000), quoting Commonwealth v. Anderson, 396 Mass. 306, 312 (1985). However, in criminal prosecutions, circumstantial evidence is competent to establish guilt beyond a reasonable doubt. Commonwealth v. Dostie, 425 Mass. 372, 375 (1997). “An inference drawn from circumstantial evidence ‘need only be reasonable and possible; it need not be necessary or inescapable.’ ” Commonwealth v. Lodge, supra, quoting Commonwealth v. Beckett, 373 Mass. 329, 341 (1977). Gauged by these standards, the defendant’s motions were properly denied.

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Commonwealth v. Marshall, 749 N.E.2d 147, 434 Mass. 358, 2001 Mass. LEXIS 335 (Mass. 2001).

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