Commonwealth v. Ragland

894 N.E.2d 1147, 72 Mass. App. Ct. 815, 2008 Mass. App. LEXIS 1039
CourtMassachusetts Appeals Court
DecidedOctober 14, 2008
DocketNo. 06-P-1199
StatusPublished
Cited by7 cases

This text of 894 N.E.2d 1147 (Commonwealth v. Ragland) 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. Ragland, 894 N.E.2d 1147, 72 Mass. App. Ct. 815, 2008 Mass. App. LEXIS 1039 (Mass. Ct. App. 2008).

Opinion

Berry, J.

In this appeal, we address the evidentiary standards that govern the admission of grand jury statements when the witness recants the statements during trial and then gives inconsistent testimony, in circumstances where the recanted grand jury statements constitute the proof of an essential element of the offense — here, the element of possession of a knife in the offense of assault and battery by means of a dangerous weapon. We further address what trial evidence will serve to provide the necessary corroboration for the recanted and inconsistent grand jury testimony. See Commonwealth v. Clements, 436 Mass. 190, 192-193 (2002). See also Commonwealth v. Sineiro, 432 Mass. 735, 741-742 (2000); Commonwealth v. Cong Duc Le, 444 Mass. 431, 432, 435-442 (2005); Commonwealth v. Figueroa, 451 Mass. 566, 573-577 (2008). In addition, see Proposed Mass.R.Evid. 801(d)(1)(A), concerning prior inconsistent statements given under oath, and Proposed Mass.R.Evid. 801(d)(1)(C), concerning the admission of out-of-court identification evidence as substantive evidence.2

The conviction of defendant Ragland of assault and battery [817]*817by means of a dangerous weapon, a knife (ABDW),3 and the conviction of defendant Watson of assault and battery result from an attack upon, and the stabbing of, a man in a Boston after hours night club.4 The principal appellate challenge to the convictions pressed by both defendants is that there was insufficient evidence, in that central to the Commonwealth’s trial proof was the introduction of highly incriminatory grand jury testimony which was recanted by the principal prosecution witness at trial. Specifically, the witness’s trial testimony was inconsistent both with her statements in police interviews and with her testimony before the grand jury concerning the acts by, and the role in the assault by, the respective defendants. Accordingly, the witness was impeached with her differing statements to police detectives. Beyond that, the witness’s prior inconsistent grand jury testimony, given under oath, was admitted as substantive evidence to prove the defendants’ guilt.

In this appeal, the defendant Ragland argues that the recanted grand jury testimony — which was the only substantive evidence placing a knife in his possession — was not sufficiently corroborated and, therefore, that the recanted grand jury testimony cannot be deemed sufficient evidence to support his conviction of ABDW. The defendant Watson advances a variant of this challenge and asserts that because the principal prosecution witness at trial retracted her grand jury testimony, the evidence was divided between two equally inconsistent propositions as to whether the defendant Watson committed an assault and battery and that, therefore, his conviction cannot be upheld.

The defendants advance two additional appellate challenges: (a) that the prosecutor’s closing argument was improper because [818]*818of what the defendants characterize as suggestive remarks in the closing that the recantation at trial was caused by the witness being in fear of the defendants; and (b) that the judge wrongfully refused to answer the jury’s question regarding the penalty for perjury. For the reasons stated herein, we affirm.

Background of the events at the Buzz Club. The trial evidence provided the following backdrop within which the events leading to the convictions unfolded. In the late evening of September 24, 2000, continuing to the early morning of September 25, a crowd of about 300 men and women gathered at the Buzz Club in Boston for dancing and drinking at an after hours party. Paul Pierce — the victim of the stabbing attack — and two of his friends, Derrick and Tony Battie (the Battles), arrived at the club shortly before 1:00 a.m. At one point during the party Pierce was talking to two women, Delmy Suarez and Keisha Lewis. The defendant Ragland, who is Lewis’s cousin, was standing nearby. Words were exchanged between the defendant and Pierce. A fight empted. Other individuals, estimated by witnesses to be eight in number — and one of whom was identified as the defendant Watson — joined Ragland in what escalated to a full-scale attack on Pierce. The attack was vicious and sustained. Pierce described punches landing all over his body, a hit to his head with a bottle, and stinging, piercing thrusts to his abdomen and back, which left several deep stab wounds.

All the attackers fled. In the immediate aftermath, no person present in the club that night came forward with identifying information concerning the individuals involved in the attack. However, the Boston police began to develop a fist of suspects from information received suggesting that a certain group of individuals described at trial as having a “common social thread”5 might have been involved in the assault. Ultimately the investigation came to focus on, among others, the defendants, leading to the return of grand jury indictments.6

As previously noted, the defendants’ principal appellate chal[819]*819lenge relates to the introduction of recanted grand jury testimony of one Krystal Bostick, a major witness in the Commonwealth’s direct case. The thrust of the appellate challenge concerns whether essential parts of Bostick’s recanted and inconsistent statements to the grand jury, which were admitted as substantive evidence during her appearance as a witness at trial, were adequately corroborated by other trial evidence. This challenge, in turn, is intertwined with an over-all challenge to the sufficiency of the evidence to support the defendants’ convictions. Given the nature of the appellate challenge leveled by each of the two defendants, it is necessary to summarize the trial evidence in some detail. We first address, in part 1, the case presented by the Commonwealth involving the defendant Ragland, and then, in part 2, we address the case presented by the Commonwealth involving the defendant Watson. Lastly, in part 3, we address the defendants’ other appellate claims.

1. The defendant Ragland. While a number of witnesses identified the defendant Ragland as a lead participant in the attack upon the victim Pierce, Bostick was the only witness who placed a knife in his hand and described his repeated stabbing of Pierce.

We begin in part l.a by setting forth the conflicts and inconsistences in the various statements and sworn grand jury testimony of Bostick as to what she witnessed concerning the defendant Ragland’s acts during the attack on the victim Pierce at the Buzz Club; we next set forth in part Lb the governing legal principles in our jurisprudence for the substantive admission of prior inconsistent grand jury testimony, such as Bostick’s (an analysis applicable to both defendants); we then address in part l.c, including subparts l.c.i-iv, the corroboration in the trial evidence for Bostick’s grand jury references concerning Ragland’s possessing a knife and stabbing of the victim; and lastly, we review the full compilation of trial evidence to determine the sufficiency of the probative evidence with respect to the offense element that the defendant Ragland committed an assault and battery upon Pierce by means of a dangerous weapon, a knife.

a. The witness Bostick’s conflicting trial testimony, prior statements, and grand jury testimony concerning the defendant Ragland.

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Cite This Page — Counsel Stack

Bluebook (online)
894 N.E.2d 1147, 72 Mass. App. Ct. 815, 2008 Mass. App. LEXIS 1039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-ragland-massappct-2008.