Commonwealth v. Smith

864 N.E.2d 1194, 449 Mass. 12, 2007 Mass. LEXIS 272
CourtMassachusetts Supreme Judicial Court
DecidedApril 30, 2007
StatusPublished
Cited by10 cases

This text of 864 N.E.2d 1194 (Commonwealth v. Smith) 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. Smith, 864 N.E.2d 1194, 449 Mass. 12, 2007 Mass. LEXIS 272 (Mass. 2007).

Opinion

Spina, J.

The defendant was convicted of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. On appeal, he alleges error in (1) the judge’s [13]*13instruction on the use of evidence of intoxication when considering the issues of deliberate premeditation, extreme atrocity or cruelty, and malice, and (2) the denial of his motion for a new trial, based primarily on an assertion of counsel’s failure to investigate adequately a “diminished capacity” defense, without an evidentiary hearing. He also asks us to reduce the degree of guilt found by the jury pursuant to our power under G. L. c. 278, § 33E. We affirm the conviction and decline to order a reduction in the degree of guilt or order a new trial.

1. Background. The defendant and Francis Albis1 spent the evening of March 4, 2000, “bar hopping” in North Adams. Between approximately 8 p.m. on March 4 and 2 a.m. on March 5, they visited three bars and each consumed approximately ten drinks — some were beers and some were mixed drinks. The two men showed signs of alcohol consumption, but neither appeared intoxicated. Early in the evening the defendant also took two Artane pills, a medication prescribed for him for Tourette’s Syndrome, a developmental abnormality that affects the involuntary movements controlled by the frontal networks of the brain.2

While inside the last bar visited that night, they encountered David Champagne, the victim. The defendant became angry and upset. He told Albis that he wanted to “kick [Champagne’s] ass” for beating up his cousin. The defendant and Albis told several people words to the effect that they wanted revenge for what Champagne did to “their”3 cousin.

At “last call,” Champagne left the bar. The defendant and Albis left about three minutes later. They hailed the driver of a nearby parked car, who, coincidentally, happened to be Champagne, and asked him for a ride home. Champagne said he was going their way. Witnesses observed that their conversa[14]*14tian appeared amicable, but Albis noticed the defendant becoming upset and told him he did not want any trouble. Albis sat in the front passenger seat; the defendant sat in the back seat.

While they were traveling the defendant angrily asked Champagne, “Do you know who I am?” Champagne said he did not. The defendant said, “You go with my cousin . . . you beat her up.” Champagne denied the accusation. The defendant continued speaking angrily at Champagne after he parked his car near the adjacent apartment buildings where Albis and the defendant lived. Champagne and Albis got out of the car. Champagne told Albis he wanted the defendant out of his car. Albis grabbed Champagne and told him he did not want to get involved.

The defendant got out of the car and attacked Champagne. He struck Champagne several times in the back. Champagne fell and the defendant stood over him, striking him repeatedly. Albis eventually pulled the defendant off Champagne because the defendant was landing all the blows. He said Champagne had “had enough.” At that point Albis noticed for the first time that the defendant had a knife in his hand. Early in the evening the defendant had mentioned he was carrying a knife. Albis was worried about what just happened. He walked to the upstairs tenants’ apartment in his apartment building because the lights were on. As he walked past Champagne he could hear gurgling. The defendant followed Albis.

Inside the apartment the defendant repeatedly asked one of three tenants if he recognized him, to which the tenant repeatedly replied, “Yes.” Eventually he said, “No,” just to appease the defendant. The defendant then grabbed the man, pushed him against a wall, and said boastfully he “just did a guy” and was not afraid “to do another one.” The defendant held out his knife and said he stabbed the man fifteen times because he molested a family member. Albis said he was going to telephone the police. The defendant told him not to, and said he would handle it. He then told Albis and the three tenants he would “get away with it” because he had Tourette’s Syndrome. The three tenants thought the defendant was drunk. Albis and the defendant went downstairs to Albis’s apartment where they argued after Albis again mentioned telephoning the police.

[15]*15Albis’s wife, Melissa, and one of the upstairs tenants went outside to look for a body, which they thought they saw in the distance. When they returned, Melissa Albis tried to telephone police, but the defendant stopped her. He assured her that her husband had nothing to do with the killing, and that he would get away with it because he had Tourette’s Syndrome. When she insisted on telephoning police, the defendant reminded her that he had just killed someone and would have no problem killing her or her five children.

The defendant left the Albises’ apartment and returned with his wife and stepbrother. He washed the knife, and told his wife to make sure Melissa Albis did not go anywhere. He then told Melissa Albis in a threatening tone, “You know nothing, you seen nothing and you heard nothing.”

At approximately 7 a.m. on March 5, 2000, a North Adams police officer responded to a report about a man lying on the ground at 85 North Holden Street, and discovered Champagne’s body. It was a “stone’s throw” from Albis’s apartment. An autopsy revealed twenty-two stab wounds. He was stabbed in the back thirteen times, puncturing his left lung four times and his right lung once. He was stabbed in the front of the chest four times, resulting in two lacerations of the liver. Champagne bled to death as a result of the injuries to these internal organs. In addition, he was stabbed through the left side of his neck; through his left cheek and tongue; and all the way through his left shoulder. Three of his wounds were defensive. The wounds were consistent with the defendant’s knife.

Police interviewed people in the last bar where Champagne had been, and were directed to Albis and the defendant. Police questioned the two men nearly simultaneously but in different rooms. At first, Albis described going to the bars but omitted what happened afterward. He later described the entire series of events. The defendant first told police he could not remember things because he had been drinking. He admitted “bar hopping” with Albis, but denied getting into a fight with Champagne. When his interrogators learned of Albis’s statement, they told the defendant they did not believe him. He then asked for a soft drink, a cigarette, and the opportunity to see his son. The officers acceded to his requests. The defendant disclosed that Champagne [16]*16had abused his cousin, who asked him to “beat his ass.” He described the fight with Champagne after Champagne drove him and Albis home. Champagne never hit him and he punched Champagne an undetermined number of times. He remembered taking out his knife, but said he had no recollection of stabbing Champagne. He told them where he had put the knife and signed a consent form allowing police to search his apartment. The defendant said he did not intend to kill Champagne. One officer overheard him tell his son that he was never coming home because he had done a terrible thing — he had hurt and killed a man.

A variety of forensic tests and comparisons produced the following results. Deoxyribonucleic acid (DNA) testing of the blood on the boots worn by the defendant matched Champagne’s DNA.

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Bluebook (online)
864 N.E.2d 1194, 449 Mass. 12, 2007 Mass. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-smith-mass-2007.