Commonwealth v. Morgan

951 N.E.2d 14, 460 Mass. 277, 2011 Mass. LEXIS 680
Massachusetts Supreme Judicial Court·Decided July 29, 2011·Published·Cited by 15 cases

Opinion

Ireland, C.J.

The defendant, Joseph Morgan, was convicted of murder in the first degree on the theory of felony-murder with armed assault with the intent to rob as the predicate felony.1,2 He was also convicted of armed assault in a dwelling, unlawful possession of a firearm, and unlawful possession of ammunition.1 3 The Commonwealth contended that the defendant acted as a joint venturer with Christopher Middlemiss, who was tried separately. Represented by new counsel on appeal, the defendant claims error in the denial of his motion to suppress. He also argues that the trial judge (who was not the motion judge) erred in admitting evidence of the defendant’s prior bad acts and in limiting the defendant’s use of third-party culprit evidence. The defendant contends that his trial counsel should have requested a jury instruction concerning the effects of marijuana intoxication on the defendant’s ability to form the specific intent for murder with deliberate premeditation and the underlying felony for felony-murder. Last, the defendant requests that, pursuant to our power under G. L. c. 278, § 33E, we reduce the verdict on the murder charge or order a new trial. Finding no reversible error, we affirm the judgments of conviction and discern no basis to exercise our authority under G. L. c. 278, § 33E.

1. Motion to suppress. The defendant claims that the judge erred in denying his motion to suppress statements he made to police. He argues that his waiver of his right to a prompt arraignment pursuant to Commonwealth v. Rosario, 422 Mass. 48, 56 (1996), was not voluntary because the delay in the arraignment amounted to “psychological coercion.”

In reviewing a decision on a motion to suppress, “we accept the judge’s subsidiary findings of fact absent clear error ‘but [279] conduct an independent review of his ultimate findings and conclusions of law.’ ” Commonwealth v. Scott, 440 Mass. 642, 646 (2004), quoting Commonwealth v. Jimenez, 438 Mass. 213, 218 (2002). We summarize the judge’s findings of fact, supplemented with uncontested testimony adduced at the evi-dentiary hearing.4 See Commonwealth v. Garcia, 443 Mass. 824, 828 (2005).

At 1:20 a.m. on July 5, 2006, the defendant, then twenty-one years of age, was arrested for the murder of Alberto Cintron (victim).5 The murder had occurred in Lowell.

Later that morning, at 8 a.m., Detective James Latham of the Lowell police department reported to the station. He and Detective Mark Poirier went to the cell block in the basement to escort the defendant to the criminal bureau on the first floor to have “major case prints” of the defendant taken by the State police. Taking “major case prints” involves the use of a roller and other equipment not available to the Lowell police department. The State police technician, among other things, takes palm prints and measures a suspect’s thumb and hand size. The equipment had been set up in an interview room, so Detectives Latham and Poirier brought the defendant to that room.

Between 10:30 and 10:45 a.m., the detectives were notified that the State police had completed their work and that the defendant was ready to be returned to his cell. As the officers were about to escort the defendant back to the cell block, Detective Poirier asked the defendant whether he would like to speak with them. The defendant replied that he would think about it. After a few minutes by himself, the defendant said he would speak with them.

While in the interview room, the defendant was offered a soda and a cigarette, which he accepted. After three or four minutes, Detective Poirier read the defendant the Miranda warnings from [280] a preprinted form. The defendant indicated that he understood his rights by checking the “Yes” box on the form and by writing his initials. One of the detectives next read the Rosario waiver form to the defendant.6 The defendant was asked whether he wanted to have his statements electronically recorded. The defendant declined and so indicated on a form. The defendant, however, agreed to the audio recording of the administration of the Miranda warnings.

The tape recorder was activated. On the recording, to which we have listened, the defendant’s voice is clear and calm, as is Detective Latham’s. There is no hint of nervousness and no tone of coercion on Detective Latham’s part. Detective Latham first reviewed the Miranda warnings as designated on the preprinted form line by line. After each warning was read, the defendant indicated that he understood what was read to him. Detective La-tham then stated that there was another waiver form, the Rosario waiver form. Detective Latham asked the defendant to read aloud the first paragraph of this form.7 The defendant read the first paragraph with ease and acknowledged that he understood the content of the form.

After the recorder was stopped, the defendant read the Rosario waiver form to himself and signed it at 11:02 a.m. Then he gave a brief unrecorded statement. He was not under the influence of alcohol or drugs, and he was coherent. He gave the statement in narrative form after Detective Latham asked him what happened the previous day. The defendant’s narrative was clear and it was recited in chronological order. The interview ended when another officer knocked on the door and told Detective Latham that the defendant’s attorney had arrived to speak with him. The police [281] transported the defendant to the Lowell Division of the District Court Department for his arraignment between 11:25 and 11:30 a.m.

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Commonwealth v. Morgan, 951 N.E.2d 14, 460 Mass. 277, 2011 Mass. LEXIS 680 (Mass. 2011).

951 N.E.2d 14 (Commonwealth v. Morgan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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