Commonwealth v. Sharpe

908 N.E.2d 376, 454 Mass. 135, 2009 Mass. LEXIS 322
CourtMassachusetts Supreme Judicial Court
DecidedJune 22, 2009
StatusPublished
Cited by30 cases

This text of 908 N.E.2d 376 (Commonwealth v. Sharpe) 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. Sharpe, 908 N.E.2d 376, 454 Mass. 135, 2009 Mass. LEXIS 322 (Mass. 2009).

Opinion

Spina, J.

The defendant was convicted of murder in the first degree on all three theories: deliberate premeditation, extreme atrocity or cruelty, and felony-murder. The victim was his girl friend. On appeal he alleges error in (1) the admission of hearsay statements of the victim to show her state of mind; (2) the admission of evidence of his prior bad acts toward other women; (3) the admission of evidence of his prior bad acts toward the victim; (4) the refusal to admit the victim’s affidavits in support of her applications for orders under G. L. c. 209A; and (5) the denial of the defendant’s motion for a new trial based on interrelated claims of an unknowing and involuntary waiver of his right not to testify and ineffective assistance of counsel, allegedly for pressuring the defendant to testify. We affirm the judgment and decline to grant relief under G. L. c. 278, § 33E.

1. Background. The defendant and the victim began living together in 1994 in the Roxbury section of Boston. The victim’s then nine year old son lived with them. The defendant and the victim argued frequently about money throughout their relationship. In May, 2000, they moved to Brockton. The victim secured an apartment through an organization that helped homeless people. Rent was waived on condition that only she and her son would occupy the apartment. The defendant lived with them, in breach of that condition. The victim worked part time at a local newspaper and attended college.

In October, 2000, the victim applied for and was determined to be eligible under the Federal “Section 8” housing program. She was planning to get a different apartment and live separately [137]*137from the defendant. In late November the defendant approached a friend and asked for help getting an apartment because he was having problems with his girl friend.

The victim told her son, her sister, and a friend that she did not want the defendant to live with her when she moved to her new apartment. She told her friend that she thought the defendant was seeing another woman. She told her friend and her sister that the defendant had asked her to use her student loan money and to pawn her computer to satisfy an outstanding court order that he pay restitution, but she refused to give him the money he needed.

On January 3, 2001, the defendant approached his cousin, Homer Bosh, with whom he had not spoken in nearly ten years, and asked if he could borrow between $1,800 and $2,000 to satisfy the court order for restitution. He needed the money for a court appearance the next day, and if he could not come up with the money he would be sent to jail. Bosh told the defendant he did not have that kind of money. He never heard from the defendant again.

In the late evening of January 3, the defendant and the victim were heard arguing inside the victim’s apartment. One tenant heard the defendant shout, “Shut the fuck up and do what I tell you.” The argument lasted about five minutes, ending abruptly with a “blood-curdling scream” followed by a loud thump.

On January 4, the defendant failed to pay the court-ordered restitution. He went to the apartment of Cheryl Scott, a woman with whom he was trying to start a relationship. He had invited her out for a New Year’s Eve party, but she declined because she was engaged to be married. When he arrived at her apartment he had a bag of money and gifts for her and her children. He treated them to meals at a fast food restaurant. He previously had told her he was living with his mother, and he never mentioned the victim.

The defendant was treated at a local hospital from January 7 to January 9 for a possible drug overdose. He told hospital personnel he was recently divorced and missed his wife. His physical examination revealed an old abrasion on his left leg.

The victim failed to meet a friend at a prearranged time on the morning of January 4. She did not appear at work, as scheduled, [138]*138on January 5 and 6. A case worker from the homeless organization paid the victim weekly visits, but received no response from her on January 9. On January 16, the case worker again received no response after knocking, but entered the apartment after she noticed a bedroom window was off its track. Although there was an odor of freshly cooked food, she saw no one. The victim’s computer, printer, and a television were missing. When she opened the victim’s son’s bedroom door, she was overcome by a “very foul odor,” a stench of something dead. The odor was more pronounced in the bedroom closet, and made her nauseous. She saw dirty clothes piled up in the closet, but she did not probe.

The case worker entered the victim’s bedroom where she noticed a small doormat that appeared out of place in the middle of the room. Underneath was a reddish-brown stain on the carpet. She discovered the defendant hiding in the closet and asked him where the victim was. He said she was in school. Asked about the stain on the carpet, the defendant said it was caused by the victim’s son. He also explained that he had just cooked a sandwich for the victim’s son at the victim’s request. However, the case worker knew none of this could be true because the boy had been in the custody of the Department of Youth Services (department) since about Thanksgiving, 2000. The case worker told the defendant he was not allowed in the apartment, and they both left.

The case worker returned to the apartment on January 18, 2001, with a maintenance man to repair the bedroom window. The clothes that had been piled up in the victim’s son’s bedroom closet were now covering the stain on the carpet in the victim’s bedroom, and the foul odor in the son’s closet had abated.

The next day the defendant was arrested on a warrant for failure to pay the court-ordered restitution. Sergeant Paul L’ltalien with the State police was at the victim’s apartment with other officers investigating a missing person report concerning the victim. He left and went to the Brockton police station where he advised the defendant of his Miranda rights and interviewed him to gather information about the victim. The defendant told him he was no longer in a relationship with the victim because of financial issues, although they were still friends. He said he was never able to provide her any money. The defendant acknowledged living in her apartment and that he was not supposed to live there. He [139]*139further stated he knew she was saving her money to get her own apartment. The defendant told LTtalien he last saw the victim on January 3, 2001, and he last spoke with her on January 5. He claimed he had been staying with friends in Boston, although he could not remember their full names or their addresses.

Confronted with the evidence that recently he was seen in the victim’s apartment, the defendant admitted he had been there five or six times since January 5, but never for more than fifteen or twenty minutes. He denied seeing any stains on the carpet or smelling any foul odors. He later admitted that he told the case worker from the organization for the homeless that the victim’s son had stained the carpet. LTtalien confronted him with the fact that the victim’s son could not have done it because he was in the custody of the department since Thanksgiving. The defendant could not explain the inconsistency.

LTtalien asked the defendant about certain abuse prevention orders against him that the victim had obtained pursuant to G. L. c. 209A. The defendant admitted he pushed the victim, but claimed he never hit her.

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Cite This Page — Counsel Stack

Bluebook (online)
908 N.E.2d 376, 454 Mass. 135, 2009 Mass. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-sharpe-mass-2009.