Commonwealth v. Montez

881 N.E.2d 753, 450 Mass. 736, 2008 Mass. LEXIS 134
CourtMassachusetts Supreme Judicial Court
DecidedFebruary 28, 2008
StatusPublished
Cited by66 cases

This text of 881 N.E.2d 753 (Commonwealth v. Montez) 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. Montez, 881 N.E.2d 753, 450 Mass. 736, 2008 Mass. LEXIS 134 (Mass. 2008).

Opinion

Spina, J.

On January 28, 1994, the defendant was convicted of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. Our docket indicates that prior appellate counsel obtained a series of continuances that spanned nearly ten years. Current appellate counsel entered his appearance on November 13, 2003, and filed a motion for a new trial on June 24, 2004,. in which he made several claims of ineffective assistance of trial counsel. The trial judge had retired, and a different judge denied the motion for a new trial after an evidentiary hearing. The appeal from the denial of the motion for a new trial has been consolidated with the defendant’s direct appeal. On appeal the defendant asserts prejudicial error in the admission of evidence of prior bad acts offered to prove the identity of the defendant as the murderer, a substantial likelihood of a miscarriage of.justice caused by the prosecutor’s closing argument, and error in the denial of his motion for a new trial. We affirm the conviction and the denial of the motion for a new trial, and we decline to grant relief under G. L. c. 278, § 33E.

1. Background. On Tuesday, January 5, 1993, Joan Andres, the victim, planned to have dinner with a friend, Lawrence Pilón, to celebrate the fact that both were about to start new jobs. She was in the process of moving and had placed boxes containing many of her belongings in the living room. He drove to her apartment at 16 Sumner Avenue in Springfield. She gave him a sports cap as a Christmas present; he previously had given her a calendar. They talked a while and watched television. After Andres’s laundry was done, he helped carry it to her apartment from the cellar of the building. He drank a glass of water and left the glass in the sink. They left her apartment, purchased some take-out food, and then drove to the home where Pilón lived with his mother and sister. At about 10:45 p.m., Pilón drove Andres to her apartment building and then went home. Andres was never again seen alive.

On Monday, January 11, 1993, Michael Arena, a letter car-[738]*738tier, was unable to deliver mail to Andres’s mailbox because her mail had been accumulating at least since Friday, January 8, and her mailbox was full. He entered the apartment building by opening the unsecured front security door, climbed the stairs to the second floor, and left some magazines and large envelopes next to Andres’s apartment door. On January 12 he learned from another tenant, William Hyland, that the mail he left next to her apartment door still was there.1 Arena and Hyland went upstairs to Andres’s apartment and knocked on the door. It opened. Arena called out Andres’s name, but there was no response. They closed the door and left.

Hyland telephoned the real estate management company for the building and asked that someone be sent to investigate. On January 14,1993, a maintenance man went to Andres’s apartment. The door was ajar. He called out her name, but received no response. He entered and was drawn to a light in the bedroom, where he saw Andres’s naked body on the bed. Her ankles were tied to the bedposts with stockings. He telephoned the Springfield police from another tenant’s apartment.

Police arrived quickly. Officers checked the security of the apartment and observed that the rear door, located in the kitchen, was secured with a dead bolt lock and the chain lock was fastened. The rear door opened out to a wooden porch and a set of outside stairs. In the middle room of the apartment a sliding glass door that opened onto a balcony also was closed and locked, but a piece of wood used to prevent the door from sliding in its track was lying on the floor outside the tracks. It was possible to climb onto the balcony from the first-floor balcony below it. One window in the middle room was open about eight inches, but the corresponding storm window was down.

Andres’s apartment keys, her car key, and a nineteen-inch television were missing. The police noted the manufacturer and the serial number of the television on the box in which it came, which was in the living room. Andres’s coat was on the kitchen floor. The receipt for the cap she gave to Pilón on January 5 and a menu from a restaurant where she and Pilón bought food [739]*739on January 5 were in her coat pocket. A lone glass in the kitchen sink revealed a fingerprint identified as Pilón’s. The strainer next to the kitchen sink contained dishes that had been cleaned.

A forensic pathologist opined, after autopsy, that Andres had been dead approximately seven days as of the time her body was discovered. He determined that a single gunshot to the right side of her neck caused a loss of blood that resulted in death within several minutes. At the time she was shot Andres’s right hand was touching her neck and the end of the gun barrel was in contact with her hand. The bullet passed through her hand, into her neck, and severed the spinal cord. Two stab wounds to the upper left chest and abdomen were inflicted after death. Ligature abrasions on the ankles were caused by the nylon stockings before death. There were no other signs of trauma. Another section of stocking was tied loosely around her neck.

The body produces alcohol postmortem, called “endogenous” alcohol, as it decomposes. The alcohol level of Andres’s blood was determined to be .3 per cent, considerably higher than the typical endogenous range of .15 to .2 per cent. The Commonwealth’s pathologist could not determine whether Andres had consumed alcohol shortly before her death, which might explain her elevated blood alcohol level. He was unable to cross-check the test results with a urine sample or vitreous fluid from the eyes because of the advanced state of decomposition. However, contamination from the use of a single needle, as occurred here, to draw multiple samples of body fluid for analysis can produce an elevated endogenous blood alcohol level. In addition, there have been reported cases of endogenous alcohol higher than .3 per cent.

Blood droplets on lower portions of the body suggested that Andres might have been shot while she was sitting up. Although there was no evidence of sexual intercourse, the pathologist opined that the killing was sex related because Andres was naked and her legs were spread apart at the time of death. He explained that sexual release may be obtained without intercourse, through bondage of a naked person.

A State police criminalist opined that the absence of blood on Andres’s clothing, found at the foot of her bed with multiple [740]*740cuts in her pants, shirt, and undergarments, and the pattern of cutting suggest they were cut from her person before she got on to the bed.2 There was no blood, seminal fluid, hair, fingerprints, or other physical evidence in Andres’s apartment that might have been used to identify her killer.

Two months later there was a break in the case. Marisol Ramos and her sister visited their mother on a daily basis at the mother’s apartment on Longhill Street in Springfield. During the early part of 1993 a man standing naked behind an apartment window across the street at 106 Longhill Street would watch them through binoculars, expose himself, and masturbate every time they walked from their car to their mother’s apartment. Ramos asked her boy friend to talk to the man and ask him to stop. The boy friend spoke to the man, but he did not stop. On March 15, 1993, it happened yet again, and Ramos’s boy friend reported it to police.

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Cite This Page — Counsel Stack

Bluebook (online)
881 N.E.2d 753, 450 Mass. 736, 2008 Mass. LEXIS 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-montez-mass-2008.