Commonwealth v. Roy

985 N.E.2d 1164, 464 Mass. 818, 2013 WL 1442534, 2013 Mass. LEXIS 88
CourtMassachusetts Supreme Judicial Court
DecidedApril 11, 2013
StatusPublished
Cited by27 cases

This text of 985 N.E.2d 1164 (Commonwealth v. Roy) 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. Roy, 985 N.E.2d 1164, 464 Mass. 818, 2013 WL 1442534, 2013 Mass. LEXIS 88 (Mass. 2013).

Opinion

Ireland, C.J.

On February 25, 2010, a jury convicted the defendant, Robert Roy, of murder in the first degree of his wife on the theory of extreme atrocity or cruelty.1 The murder was alleged to have occurred in March, 1986. Represented by new counsel on appeal, the defendant asserts that a reduction in the verdict is required because there was insufficient evidence to support the jury’s verdict of murder by extreme atrocity or cruelty. He also argues error in the admission of evidence, the prosecutor’s closing argument, and the jury instructions, and seeks relief pursuant to G. L. c. 278, § 33E. Because we conclude that no error requires a new trial and discern no reason to exercise our power pursuant to G. L. c. 278, § 33E, we affirm.

Background. We recite the facts the jury could have found, reserving certain details for our discussion of the issues raised. See Commonwealth v. Belcher, 446 Mass. 693, 694 (2006).

The victim, who was nineteen years old when she disappeared in March, 1986, married the defendant in December, 1984. She and the defendant had a volatile relationship.2 Sometime in the late fall of 1985, the victim separated from the defendant and moved into her mother’s home in Acushnet. She would see the defendant periodically after their separation, and the defendant at one point stayed in the cellar at his mother-in-law’s home, without his mother-in-law’s knowledge. There were numerous times that neighbors saw the defendant cross their yards to get to the victim’s mother’s home. Once there, the defendant sat on the back steps or looked in the windows. This behavior continued until the victim disappeared. In February, 1986, the defendant took his sister’s vehicle without her permission and followed the victim to New Bedford. He was involved in an accident on the way and abandoned the damaged vehicle at the scene.

During their separation, the defendant was jealous of other men he saw with the victim. He asked the victim’s sister about the victim’s whereabouts and her clothing. The defendant physically attacked one man who had dropped the victim off after her evening waitressing shift and told him that he and the victim [820]*820were trying to make their relationship work. The night before the victim’s disappearance, the defendant vandalized the vehicle of another man whom the victim had been dating.

At approximately noon on March 4, 1986, the victim visited a neighbor, repaid some of the money she owed her, and told her she would pay the outstanding twenty dollars the next day because she was working that night. After returning home a few minutes later, the victim informed her mother that she was going out to meet the defendant, who had telephoned her that morning.

The victim and the defendant met in a nearby field. The victim did not return. Later that evening, the victim’s sister saw the defendant at her mother’s home, looking “flushed . . . like he had been running.” He retrieved his belongings from the cellar, telling the victim’s sister, “The cops are after me.”

Two days later, the victim’s sister and mother found the victim’s Nike brand sneakers and socks in a culvert near the field. They filed a missing person report that day.3 Police conducted multiple search efforts to find the victim; the defendant did not participate. He also fled from the police on several occasions when police tried to speak with him. On March 10, 1986, police were able to contact and question the defendant, who admitted that, on the day the victim disappeared, he had telephoned and asked her to meet him in the field. He told police that they had met there and talked, and although the defendant wanted to continue their relationship, the victim told him she was going to go to Florida with someone named Kevin. During the course of the initial investigation, police tested the defendant’s denim jacket, which had a reddish-brown stain, for blood.4 Police also took possession of a white pullover sweatshirt, similar to the one the victim wore on the day of her disap[821]*821pearance, that was found in the woods approximately one month after the victim disappeared.

On March 30, 1986, the defendant told his friend he was moving to Florida and requested help in “moving some stuff.” They put a rolled up and tied rug into the bed of the friend’s truck. The defendant instructed his friend to drive in a manner whereby other vehicles would not see the truck’s contents. They stopped at a quarry in Dartmouth, a local swimming place, lifted the rug from the truck bed, and placed it in the water. The defendant made sure the rug was submerged in deeper water. As they drove away, the defendant said, “See ya, bitch.” The defendant threatened to kill his friend’s pregnant wife if he told anyone what they had done.

The defendant moved to Florida, where he lived for some time. While out of State, he maintained contact with the friend who had helped him move the rug, and whom he telephoned approximately one month after he moved to inquire whether anything was in the newspaper. The defendant also asked him to “get rid of” a cement cinder block that was in his friend’s yard. At some point, the defendant returned to Massachusetts, where he admitted to two people to killing the victim and disposing of her body.

In April, 1990, divers found the victim’s partially skeletonized remains in the quarry in Dartmouth. The victim’s body was in a sitting position suspended in the water, and her legs were bound together by a rope attached to a cement block laying at the bottom of the quarry. The rope connecting the victim’s body to the cinder block had been looped twice around the victim’s knees, with the other end tied off to one of the outer holes of the cinder block.

Subsequent dives recovered some of the victim’s bones, in-[822]*822eluding her fractured jaw and skull,5 as well as remains of a chair and parts of the victim’s clothing, including a white shirt collar.6 The medical examiner, who had performed the autopsy on the victim, testified that the victim died as a result of blunt force trauma to the head.7

No new evidence came to light until 2007, when police, who were interviewing former Acushnet residents living in Florida, learned of one of the defendant’s confessions. On December 5, 2007, a Bristol County grand jury returned an indictment charging the defendant with murder. While detained and awaiting trial, the defendant discussed the victim with another inmate.

The defendant, who did not testify at trial, offered a theory of defense that someone else, such as a stranger or someone dating the victim, had killed, and perhaps sexually assaulted, the victim and dumped her body in the quarry. Based on the defendant’s statement to police that the victim had told him she was going to Florida with someone named Kevin, and a witness who testified he saw the victim in Florida more than one year after her disappearance, defense counsel also argued in the alternative that the victim had run away. Further, counsel suggested that the police investigation had been inadequate, that the defendant had been targeted by police, and that the defendant’s admissions did not amount to a confession. He also asserted that the evidence of a broken jaw and fractured skull did not warrant a conviction of murder in the first degree based on a theory of extreme atrocity or cruelty.

Discussion. 1.

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Cite This Page — Counsel Stack

Bluebook (online)
985 N.E.2d 1164, 464 Mass. 818, 2013 WL 1442534, 2013 Mass. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-roy-mass-2013.