Commonwealth v. Smith

924 N.E.2d 270, 456 Mass. 476, 2010 Mass. LEXIS 192
CourtMassachusetts Supreme Judicial Court
DecidedApril 9, 2010
StatusPublished
Cited by17 cases

This text of 924 N.E.2d 270 (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, 924 N.E.2d 270, 456 Mass. 476, 2010 Mass. LEXIS 192 (Mass. 2010).

Opinion

Cowin, J.

The defendant was convicted by a jury in the Superior Court of murder in the first degree on a theory of deliberate premeditation. He was also convicted of unlawful possession of a firearm and unlawfully discharging a firearm within 500 feet of a dwelling. The defendant appeals from certain of his convictions1 and from the denial of his motion for a new trial. On appeal, counsel for the defendant claims that the defendant’s motions to suppress his statements to the police should have been allowed because he did not waive his Miranda rights and his statements were not made voluntarily. The defendant’s appellate counsel also asserts that, at trial, the defendant was deprived of his right to testify; his trial counsel was ineffective in several respects; the Commonwealth improperly delayed disclosure of financial and other assistance to a witness; contradictory testimony of one witness created a substantial likelihood of a miscarriage of justice; the prosecutor’s closing argument was improper; and the judge erred in instructing the jury that malice may be inferred from the use of a dangerous weapon. The defendant also makes several claims on his own behalf, and counsel has not associated himself with them. See Commonwealth v. Moffett, 383 Mass. 201 (1981). We reject the defendant’s claims, affirm his convictions, and, after review of the entire record pursuant to our responsibility under G. L. c. 278, § 33E, decline to exercise our power to grant extraordinary relief.

1. Facts. We briefly recite the facts the jury could have found, leaving most of the evidence for discussion in connection with the specific issues raised. During the early morning of January 13, 2005, Arthur Simpson was shot in the DeWert housing [478]*478project in Taunton. He ran to a nearby house seeking aid, collapsed on the stairs leading to the house, and died shortly thereafter. The cause of death was a single gunshot wound. The Commonwealth presented its case primarily through the testimony of two eyewitnesses to the shooting, Francisco Barros and Michael Dejesus. Testifying under a grant of immunity, each of these men stated that he saw the defendant shoot the victim.

2. Motions to suppress. The defendant contends that the motion judge (who was different from the trial judge) erred in concluding that the defendant was not in custody when he spoke with Trooper Anne Marie Robertson of the State police and Lieutenant Philip Warrish of the Taunton police department in the New Hampshire State prison (where the defendant was held on unrelated charges) on February 2 and March 11, 2005. (During these interviews the defendant stated that he was present at the murder scene, but denied participating in the shooting.) The defendant also claims that the Commonwealth did not meet its burden of proving that he waived his Miranda rights and spoke to the police voluntarily. The defendant concedes that his Miranda rights were recited to him; it is his contention that he did not effectively waive them.

In reviewing a judge’s denial of a motion to suppress, we accept the judge’s findings of fact and will not disturb them absent clear error. See Commonwealth v. Gomes, 453 Mass. 506, 508-509 (2009); Commonwealth v. Jones, 375 Mass. 349, 354 (1978). We determine independently the correctness of the judge’s application of constitutional principles to the facts found. Commonwealth v. Mello, 420 Mass. 375, 381 n.8 (1995). Questions of credibility are the province of the judge who had the opportunity to observe the witnesses. See Commonwealth v. Martin, 447 Mass. 274, 280 (2006).

Miranda warnings are required only when an individual is subjected to custodial interrogation. Commonwealth v. Morse, 427 Mass. 117, 122 (1998). To determine whether a defendant is in custody we generally consider four factors: “(1) the place of the interrogation; (2) whether the officers have conveyed to the person being questioned any belief or opinion that that person is a suspect; (3) the nature of the interrogation, including whether the interview was aggressive or, instead, informal and [479]*479influenced in its contours by the person being interviewed; and (4) whether, at the time the incriminating statement was made, the person was free to end the interview by leaving the locus of the interrogation or by asking the interrogator to leave, as evidenced by whether the interview terminated with an arrest” (Groome factors). Commonwealth v. Groome, 435 Mass. 201, 211-212 (2001), citing Commonwealth v. Morse, supra at 121-127, and Commonwealth v. Bryant, 390 Mass. 729, 737 (1984).

This test is “not particularly apposite,” however, for determining whether a defendant already behind bars is in custody for purposes of questioning by law enforcement personnel. Commonwealth v. Larkin, 429 Mass. 426, 434 (1999). In such event, “rather than asking whether a prisoner was free to leave the facility, [courts have asked] whether he is subject to some restraint in addition to those normally imposed on him by virtue of his status as an inmate.” Commonwealth v. Perry, 432 Mass. 214, 238 n.18 (2000), quoting Commonwealth v. Larkin, supra. In other words, we seek to determine whether the person is subject to coercion beyond that inherent in ordinary prison life. See Commonwealth v. Larkin, supra at 435.

The evidence here supports the judge’s finding that the defendant was not in custody in these circumstances, i.e., not subject to coercion beyond that inherent in ordinary prison life, when he spoke to the police on February 2 and March 11, 2005. Considering the Groome factors in turn, the defendant was interviewed in a room characterized by the motion judge as resembling “more of a neutral site than a correctional setting.” The room was in a “more open part of the facility” than his cell block. See Commonwealth v. Larkin, supra at 435 n.6. “Courts have uniformly found that such a setting militates against a finding of custody.” Id. In addition, the defendant’s handcuffs were removed before the interview began.

There is no evidence that either of the officers conveyed to the defendant the fact that they believed he killed the victim, and the motion judge did not find to the contrary (second Groome factor). See Commonwealth v. Morse, supra at 124. Although the defendant was given his Miranda rights at the outset of each interview, such recitation does not cause the interview to become custodial. See Commonwealth v. Hilton, 443 Mass. 597, 610 n.7 (2005). In fact, we encourage law enforcement officials to provide [480]*480Miranda warnings before the moment at which an encounter becomes custodial rather than to wait until the precise time when the warnings are constitutionally required. See id.., citing Commonwealth v. Raymond, 424 Mass. 382, 393 n.9 (1997).

According to the judge’s findings, which are supported by the evidence, the manner in which the interviews were conducted was cordial (third Groome-factor). “[Bjoth interviews were free of antagonism and [neither officer] was overbearing.”

With regard to whether the defendant was free to end the interview (fourth Groome

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Cite This Page — Counsel Stack

Bluebook (online)
924 N.E.2d 270, 456 Mass. 476, 2010 Mass. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-smith-mass-2010.