Commonwealth v. Rodriguez

731 N.E.2d 71, 431 Mass. 804, 2000 Mass. LEXIS 362
Massachusetts Supreme Judicial Court·Decided June 22, 2000·Published·Cited by 27 cases

Opinion

Abrams, J.

The defendant, Edwin Rodriguez, appeals from his conviction of murder in the first degree by deliberate premeditation and by extreme atrocity or cruelty.1 On appeal, he [805] argues that the judge erred in disallowing his peremptory challenge of the last juror seated on the panel. He also argues that the judge erred in denying his request for a jury instruction on voluntary manslaughter. We affirm the conviction of murder in the first degree. We conclude that there is no reason to grant the defendant a new trial or to enter a verdict of a lesser degree of guilt pursuant to our power under G. L. c. 278, § 33E.

1. Facts. The defendant and the victim, Nydia Vega, lived together in Puerto Rico for twenty-two years. They had four daughters, including Wanda Rodriguez, the eldest. Wanda moved to an apartment in Lawrence, Massachusetts, in the summer of 1994. While visiting Wanda during the summer, the victim met a man and began to spend time with him. In November, 1994, the victim returned to Massachusetts and moved in with Wanda. The victim continued to spend time with the other man after she moved in with Wanda.

On December 1, the defendant went to the apartment with a friend of his. The defendant said that he wanted to get back together with the victim, but the victim said that she no longer wanted to be with the defendant. The defendant became angry and hit the victim. He then approached her with a knife, yelling, “You have to come back to Puerto Rico with me because if you’re not going to be mine, you’re not going to be nobody elses [sz'c] either.” The defendant’s friend held him back and the victim ran from the apartment. She spent the night at her friend Rosa’s apartment. The defendant stayed at Wanda’s apartment that night.

The next morning, Wanda went to Rosa’s apartment. Shortly thereafter, the defendant knocked on Rosa’s door and called out the victim’s name. Rosa’s husband blocked the door and the defendant left. The victim stayed with Rosa for some additional time and then stayed with Rosemarie2 Maldonado until January, 1995. The defendant continued to stay with Wanda. During this time, the defendant would grab the telephone from Wanda when Wanda was speaking with the victim. He began threatening the victim over the telephone. He told her of his suspicions that she was seeing someone else and said that he “was going to take her heart out through her mouth.” At some point, the defendant brought a knife home and hid it under Wanda’s bed.

In January, 1995, after the defendant learned where the victim [806] was staying, Wanda moved the victim to Angela Cancel’s apartment in Lawrence. Several weeks after the victim moved there, the defendant learned where she was staying from Maldonado. On the morning of February 5, the defendant told Wanda, “I’ve just seen your mom. Come with me in order to avoid a tragedy.” The defendant then took the knife from under Wanda’s bed and left the apartment. He encountered an acquaintance, Oscar Nieves, who was walking down the street with his girl Mend, Sandra Mercado. The defendant offered Nieves $50 to knock on the door of the apartment where the victim was staying. He did not tell Nieves his intentions. Nieves agreed and the defendant and Nieves drove to the apartment.

The defendant hid as Nieves knocked on the door, and then rushed into the apartment after the door was opened. The defendant banged on the victim’s bedroom door and yelled for her to come out. Eventually, he successfully kicked the door open. The victim attempted to run away, but the defendant caught her and began stabbing her. The victim later died as a result of multiple stab wounds.

A neighbor, who had amved at the apartment minutes before the defendant amved, ran out to the street for help. Detective Walter Flanagan of the Methuen police department happened to be passing and stopped to assist. Moments later, the defendant ran out of the apartment building, covered with blood. Detective Flanagan radioed for assistance and drove behind the defendant as he ran down the street to his parked car. Detective Flanagan ordered the defendant out of the car.

Subsequently, Officer Melix Bonilla, a Lawrence police officer, amved and put the defendant in a cruiser to transport him to the police station. In the cruiser, the defendant asked Bonilla whether the victim had died. Bonilla told the defendant that it was in his best interest to stay quiet. Despite this advice, the defendant said, “I don’t care if she dies. She was playing me dirty anyways and I hope she does die that way she don’t fuck anyone else. ... I was a good man. I was giving money for my daughter, look what she did to me. I don’t care if the Judge gives me 100 years, at least I can live in peace now that she’s dead. I’m not a cabrón.”3

At the police station, after being advised of the Miranda [807] warnings, the defendant gave a statement. In his statement, the defendant said that the victim’s relationship with the other man “had been going on since last year.” He also stated that he had learned the day before the murder that the victim “had an affair going” with another man.4

2. Peremptory challenge. The defendant argues that the judge erred in disallowing the defendant’s peremptory challenge of the last juror seated on the panel. Defense counsel5 had used eight consecutive peremptory challenges to strike women and sought to use his ninth challenge also to strike a woman. The defendant’s challenge was denied. The juror was seated and sworn, and participated in the deliberations.

“Peremptory challenges cannot be used ‘to exclude members of discrete groups solely on the basis of bias presumed to derive from that individual’s membership in the group.’ Commonwealth v. Soares, 377 Mass. 461, 488, cert. denied, 444 U.S. 881 (1979). Gender is among the group affiliations on which peremptory challenges cannot be based.” Commonwealth v. LeClair, 429 Mass. 313, 319 (1999). See J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 129 (1994).

“We begin with the assumption that the exercise of a peremptory challenge is proper. This assumption is rebuttable, however, on a showing that (1) there is a pattern of excluding members of a discrete group and (2) it is likely that individuals are being excluded solely on the basis of their membership within this group. See Commonwealth v. Soares, 377 Mass. 461, 490, cert. denied, 444 U.S. 881 (1979). See also Commonwealth v. Hamilton, 411 Mass. 313, 316 (1991); Commonwealth v. Wood, 389 Mass. 552, 561 (1983); Commonwealth v. Reid, 384 Mass. 247, 254 (1981).” Commonwealth v. Curtiss, 424 Mass. 78, 80 (1997). See Commonwealth v. Burnett, 418 Mass. 769, 770 (1994). “The judge is required to make a finding as to whether an initial prima facie showing of impropriety was established and specifically to determine whether the reasons advanced by the exercising party were ‘bona fide or a mere sham.’ ” Commonwealth v. Curtiss, supra at 81. See Commonwealth v. Calderon, ante 21, 26 (2000).

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Commonwealth v. Rodriguez, 731 N.E.2d 71, 431 Mass. 804, 2000 Mass. LEXIS 362 (Mass. 2000).

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