Commonwealth v. Rousseau

807 N.E.2d 832, 61 Mass. App. Ct. 144, 2004 Mass. App. LEXIS 485
CourtMassachusetts Appeals Court
DecidedMay 6, 2004
DocketNo. 02-P-964
StatusPublished
Cited by8 cases

This text of 807 N.E.2d 832 (Commonwealth v. Rousseau) 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. Rousseau, 807 N.E.2d 832, 61 Mass. App. Ct. 144, 2004 Mass. App. LEXIS 485 (Mass. Ct. App. 2004).

Opinions

Berry, J.

After a jury-waived trial in the Superior Court, the defendant was convicted of breaking and entering in the daytime and possession of burglarious tools.2 On appeal, the defendant argues that the evidence was insufficient to sustain the convictions and that the motion judge erred in denying his motion to suppress evidence that was obtained after the vehicle in which he was a passenger was stopped.

1. Sufficiency of the evidence. Because the convictions at issue relate to two separate incidents, a break-in at the Metropolitan District Commission (MDC) field office in Oakham State Park and a motor vehicle stop in Douglas State Park in which tools for use in a burglary were found, the incidents and the sufficiency of the evidence supporting each conviction will be discussed seriatim.

a. Oakham incident. In connection with the Oakham incident, the defendant was charged with breaking and entering in the daytime and two counts of malicious destruction of property, the first count alleging damage to radios and the second alleging damage to doors and cabinets. At the conclusion of the trial, the judge denied the defendant’s motion for required findings of not guilty and entered findings of guilt. The two convictions for [146]*146malicious destruction of property were placed on file. See note 6, infra. The defendant was sentenced to two years in a house of correction on the conviction of breaking and entering.

On appeal, the defendant argues that the evidence was insufficient to show that a camcorder recovered from his home on December 13, 1999, was the same one stolen from the MDC office in Oakham (on or about December 5, 1999) and that, because the evidence was insufficient to “prove that [he] stole the camera, it . . . cannot logically follow that he was the person who broke and entered the MDC facility the weekend it was stolen.”

We address initially and resolve that part of the defendant’s argument that asserts that the evidence was insufficient to show the camcorder found at his home was the same one taken during the break-in. Steven Drawbridge, a supervisor at the MDC office in Oakham, was asked during direct examination whether he had “identified [the camcorder in the possession of the police] as your camcorder that was in that room prior to December 5?” He responded, “Yes.” Based on this testimony, a rational trier of fact, viewing the evidence in the light most favorable to the prosecution, could conclude that the camcorder taken from the defendant’s home was, indeed, the same camcorder that had been stolen during the break-in at Oakham. See and compare Commonwealth v. James, 424 Mass. 770, 784-785 (1997).

The question then is whether, taken as a whole, there was sufficient evidence to prove that it was the defendant who committed the breaking and entering at Oakham State Park. Of course, a critical link to the defendant’s involvement in the Oak-ham affair is his possession of the recently stolen camcorder. That possession, in turn, yields inferences recognized in law that the defendant knew the camcorder was stolen and that he was involved in the theft in which it was taken: “[T]he defendant’s mere possession of recently stolen property may be relied upon by the jury as evidence that he had stolen it.” Commonwealth v. Latney, 44 Mass. App. Ct. 423, 425 (1998).3 “[T]he defendant’s possession of recently stolen goods permits [147]*147the inference that he is the thief. ‘The circumstances as a whole must be looked at.’ ” Commonwealth v. Dellamano, 393 Mass. 132, 135 n.7 (1984), quoting from United States v. Canessa, 534 F.2d 402, 404 (1st Cir. 1976).4

Although the dissent seeks to exile to the back stage the defendant’s act of possessing, and his knowledge that he was possessing, a thing recently stolen from Oakham, these pivotal pieces of evidence and the inferences that flow from and the circumstantial background surrounding such possession do not stand in such solitude. Rather, the defendant’s possession of the stolen camcorder is just one part of, and intricately interwoven into, the full evidentiary setting presented at the joint trial, which included both the Oakham break-in and the evidence of the defendant’s possession of burglarious tools in connection with an attempt to break-in at the MDC field office at Douglas State Park. “[U]nexplained possession of . . . [the] property [here, the stolen camcorder] tended to implicate the defendant in the taking and ‘was competent, not [exclusively] on the ground, as the defendant supposes, of its being proof of possession of stolen property, but upon the broader and more general principle of being a material and relevant fact to the point in is[148]*148sue before the [trier of fact].’ ” Commonwealth v. Ross, 339 Mass. 428, 432 (1959), quoting from Boston & Worcester R.R. Corp. v. Dana, 1 Gray 83, 102-103 (1854). See Commonwealth v. Latney, supra.

The dissent’s attempt to distinguish the Latney case and the precedents on which it relied is unavailing. Rather, in our opinion, this case, like Latney, is one in which there is a “continuous chain of circumstantial evidence strongly connecting the defendant directly to the crimes charged.” Commonwealth v. Latney, 44 Mass. App. Ct. at 426.

As we have noted, the defendant was indicted and tried jointly for two sets of crimes.5 Therefore, the evidence that unfolded at trial concerning the later Douglas scene (described in further detail in part l.b, infra) — which was admitted substantively and for all purposes in the joint trial — could be considered by the judge as providing linkage circumstantially tying the defendant back as a perpetrator of the Oakham breaking and entering. Indeed, the joint trial evidence reflected a commonality of manner and means — the first incident involved a breaking and entering; the second, possession of burglarious tools to be used in a breaking and entering, both in a State park, and both planned for a time when park rangers were not out and about, i.e., during a weekend (Oakham) and late at night (Douglas). Both crimes exhibited distinct similarities of execution: in the Oakham incident, an actual forced entry into a State park building, in which the door was pried open; in the Douglas incident, the possession of the wherewithal by means of burglarious tools to force entry into another State park building. The prybar and screwdrivers seized in Douglas (see part l.b and note 8, infra) would also have been handy tools for the Oakham break-in. Furthermore, the defendant’s actions at the Douglas scene manifested “peculiarities” (the targeting of State parks) and “occur[ed] in a context fraught with suspicion,” Commonwealth v. Kirkpatrick, 26 Mass. App. Ct. 595, 596, 602 (1988), which, when viewed through the lens of the camcorder, provided additional circumstantial evidence of the defendant’s [149]*149involvement in the similarly peculiar targeting of the Oakham State Park building.

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Bluebook (online)
807 N.E.2d 832, 61 Mass. App. Ct. 144, 2004 Mass. App. LEXIS 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-rousseau-massappct-2004.