Commonwealth v. Trappaga

924 N.E.2d 298, 76 Mass. App. Ct. 538, 2010 Mass. App. LEXIS 415
CourtMassachusetts Appeals Court
DecidedApril 8, 2010
DocketNo. 08-P-872
StatusPublished
Cited by1 cases

This text of 924 N.E.2d 298 (Commonwealth v. Trappaga) 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. Trappaga, 924 N.E.2d 298, 76 Mass. App. Ct. 538, 2010 Mass. App. LEXIS 415 (Mass. Ct. App. 2010).

Opinions

Berry, J.

After his adjudication as a sexually dangerous person, G. L. c. 123A, and commitment to the Massachusetts Treatment [539]*539Center at Bridgewater State Hospital for a term of from one day to life, the defendant appeals. He also appeals from the denial of his motion for relief from judgment. The defendant claims (1) that the jury instructions were insufficient; and (2) that the proceedings were improperly brought because a Federal immigration detainer had been lodged against him that would preclude his release into the community. We conclude that the jury instructions, without objection and agreed to by trial counsel, were not in error and did not create a substantial risk of a miscarriage of justice. We also rule that the Federal detainer does not contradict the proceedings.

1. Procedural background. The defendant was convicted by plea in September of 1983 on two counts of assault with intent to rape, one count of assault and battery by means of a dangerous weapon, and one count of assault by means of a dangerous weapon. The defendant was committed to State prison and was paroled in 1986. While on parole, he was convicted and sentenced in New York on a property offense. He was returned to Massachusetts in May, 2002, where parole was revoked and he was returned to prison. In April, 1993, Federal authorities lodged a detainer informing of a pending order of deportation against the defendant.

Prior to the defendant’s scheduled release from prison, the District Attorney filed a petition for the defendant’s commitment under G. L. c. 123A; probable cause was found. The defendant was examined by two qualified examiners pursuant to G. L. c. 123A, § 1, and two experts of his choosing. Expert reports were filed, and a jury trial took place in December, 2003.1 The jury found the defendant to be a sexually dangerous person and committed him. On March 23, 2006, the defendant filed a motion for relief from judgment arguing that the commitment proceedings were premature and void because the immigration detainer precluded his release to general society. That motion [540]*540was denied. He appeals from both the 2003 judgment and the 2006 denial of his motion for relief from judgment.

2. The jury trial. Evidence at the trial included testimony from the four experts as well as their written reports. The qualified examiners both opined that the defendant was a sexually dangerous person, while the defendant’s two retained experts opined that he was not. The expert testimony focused on several areas: the defendant’s underlying criminal sexual offenses; the defendant’s sexual conduct during his incarceration; assessment of the defendant’s personality disorder; and the defendant’s likelihood to reoffend, based on various protocols and actuarial models. The documentary evidence also included the grand jury minutes of the underlying 1983 criminal sexual offenses; detailed police reports describing those incidents and the complaints to the police from the victims; and nineteen disciplinary reports of the defendant’s sexually related behavior while incarcerated in Massachusetts.2

3. Jury instructions. For the reasons that follow, we conclude that there was no error in the jury instructions that would yield a substantial risk of a miscarriage of justice. First, contrary to the arguments advanced on appeal, defense counsel’s decision to accept the jury instructions would, in this case, be a reasonable [541]*541strategic election. Second, counsel’s decision not to have the jury instructions emphasize the issue of exhibitionism by the defendant during his prison incarceration would also be a reasonable strategic election where the exhibitionism was excluded by the experts as a predicate for a finding of future sexual dangerousness under G. L. c. 123A. Third, the trial evidence concerning the defendant’s characteristics as a sexually dangerous person was strong and clear.

Against the backdrop of the trial evidence, and applying the elements that the Commonwealth must prove, we determine that under G. L. c. 123A, the issue whether the defendant was a sexually dangerous person was correctly framed in the jury instructions, and that this jury could have reached an informed determination beyond a reasonable doubt that the defendant was a sexually dangerous person under G. L. c. 123A.

We turn to the judge’s instructions, and then turn to a review of the trial record, which we conclude supports a jury verdict reflecting that each of the elements of proof under G. L. c. 123A was met. The judge instructed the jury as follows:

“So, as I have explained, the sole issue that you are called upon to decide in this case is whether the [defendant], as of the present time, is a sexually dangerous person. Our Legislature has defined the sexually dangerous person as any person who has been convicted of a sexual offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in sexual offenses if not confined to a secure facility. Here, the Commonwealth is proceeding only under the theory of personality disorder and not mental abnormality. So to meet its burden of proof in this case, the Commonwealth must prove each of three elements beyond a reasonable doubt: first, that the [defendant] has been convicted of a sexual offense; second, that he suffers from a personality disorder, and third, that as a result of the personality disorder, he is likely to engage in sexual offenses if not confined to a secure facility. Those are the three elements.”

On the first element, with respect to the defendant having been convicted of a sexual offense, the jury heard evidence concerning the defendant’s convictions on rape and attempted rape indictments. The convictions arose from the defendant’s attacks on two [542]*542women on one day in 1983. Both victims were strangers to the defendant; he accosted both women and, with force and violence, raped one woman and attempted to rape the other woman.3

Beyond these convictions for sexual offenses, there was evidence that the defendant engaged in inappropriate sexual behavior while incarcerated from 1994 to 1999. Prison disciplinary reports were filed against the defendant for five separate incidents. Each incident involved the defendant exposing his penis or masturbating in the presence of a female nurse, prison counselor, or a correction officer. The defendant later described these incidents as “tum[ing him] on” or “arous[ing him].” There were also prison disciplinary reports concerning aggressive behavior by the defendant when he threw feces at a guard, and attacked another inmate with a padlock.

On the second element of personality disorder or mental abnormality, the judge’s instructions were explicit, unequivocal, and correct that the Commonwealth was relying on proof that the defendant suffered from a personality disorder. This part of the jury instructions was consistent with all the expert psychiatric and physiological evidence presented. Specifically, from the testimony of all four experts — the two qualified examiners for the Commonwealth and the two defense experts — it was clear that the personality disorder of the defendant at issue was an antisocial personality disorder. Both of the Commonwealth’s qualified examiners opined that the defendant met the criteria for antisocial personality disorder.

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Bluebook (online)
924 N.E.2d 298, 76 Mass. App. Ct. 538, 2010 Mass. App. LEXIS 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-trappaga-massappct-2010.