Commonwealth v. Walker

780 N.E.2d 26, 438 Mass. 246, 2002 Mass. LEXIS 867
CourtMassachusetts Supreme Judicial Court
DecidedDecember 13, 2002
StatusPublished
Cited by23 cases

This text of 780 N.E.2d 26 (Commonwealth v. Walker) 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. Walker, 780 N.E.2d 26, 438 Mass. 246, 2002 Mass. LEXIS 867 (Mass. 2002).

Opinion

Greaney, J.

A jury convicted the defendant of armed robbery and murder in the first degree by reason of both deliberate premeditation and felony-murder (with armed robbery as the predicate felony). A motion for a new trial was denied by the trial judge without an evidentiary hearing. Represented by new counsel on appeal, the defendant argues that (1) probable cause did not exist to support the issuance of a search warrant for his residence; (2) his trial counsel provided constitutionally ineffective assistance of counsel by inadequately cross-examining a principal prosecution witness, Yashica Walker, the defendant’s wife; (3) the nonprosecution agreement between the Commonwealth and Yashica should not have been admitted in evidence because it had been inadequately redacted and “read in its entirety . . . constituted impermissible vouching by the Commonwealth, directly and inferentially for the truthfulness of [Yashica’s] . . . testimony”; (4) the judge improperly prevented the defendant’s trial counsel from showing bias on Yashica’s part by not allowing him to ask her in cross-examination about the fife sentences that could be imposed on her for convictions of murder in the first degree and armed robbery; and (5) the judge erred in allowing a police detective to recount a private conversation between Yashica and the defendant that was subject to the marital disqualification set forth in G. L. c. 233, § 20. We find no error and no basis to exercise our authority pursuant to G. L. c. 278, § 33E. Accordingly, we affirm the order denying the defendant’s motion for a new trial and the judgments of conviction.

The Commonwealth’s evidence disclosed the following. On the evening of March 2, 1998, the victim was murdered by a single gunshot to the head, and a large sum of money was stolen from him. The victim was killed in his room on the third floor of a rooming house at 6 Kingsdale Street in the Dorchester section of Boston. The victim’s body was found the next day in a wooded area in Quincy. The body had been wrapped in two plastic bags and several layers of bed linen.

The police investigation brought them, on March 4, 1998, to the room occupied by the defendant and his wife, Yashica, on the third floor of 6 Kingsdale Street. The defendant’s room was across the hallway from the victim’s room. The defendant told [248]*248the police that he last saw the victim on March 1, 1998. Four days later, on March 8, 1998, the defendant and his wife moved out of their room at 6 Kingsdale Street to Yashica’s family home at 16 Radcliffe Road in the Mattapan section of Boston. When visited by police at his new residence on March 18, the defendant again denied any knowledge of the crime and explained to police that he and his wife had moved out of their room at 6 Kingsdale Street because Yashica had been afraid since the victim’s death. The police subsequently ascertained that fingerprints recovered from the plastic bag that covered the lower half of the victim’s body matched the defendant’s fingerprints, and that a fourth print on the bag matched the print of Yashica’s right big toe.

On the evening of March 25, the police obtained a warrant to search 16 Radcliffe Street. During the search, they found a passbook for a Citizens Bank savings account in the defendant’s name. Although the defendant lacked regular employment, Citizens Bank records showed that $1,940 in cash had been deposited into his account on March 3, 1998, the day after the murder, and that the defendant had personally made six cash withdrawals from the account from March 9 to March 23. Yashica was not authorized to make withdrawals from this account.

That same evening (March 25), the defendant agreed to go to the Boston police headquarters for a formal interview. After advising the defendant of his Miranda rights, Detective Dennis R Harris asked the defendant whether he had ever seen any bags in the basement at 6 Kingsdale Street. The defendant answered that he had seen clear plastic bags in the basement once, but he repeatedly denied that he had ever touched them. The detectives informed the defendant that his fingerprints had been found on one of the bags covering the victim’s body. The defendant initially accused the police of trying to trick him, but ultimately banged the table and said, “Talk about bad luck.” He then claimed that a young, dark-skinned woman with long braids had come to his apartment on the afternoon of March 2, and asked for some bags because she was helping the victim to move. Recalling the bags in the basement, the defendant asserted that he had escorted the lady downstairs and handed her two of the bags.

[249]*249Meanwhile, another police detective was interviewing Yashica. This detective told Detective Harris that Yashica had implicated the defendant in the murder. Detective Harris returned to the defendant, repeated the Miranda warnings, and informed the defendant of Yashica’s statements. The defendant responded, “I don’t know why she’s saying that stupid shit; she wasn’t even there.”

Yashica testified at trial pursuant to a nonprosecution agreement. On the evening of March 2, she arrived home from work at about 6:30 or 7 p.m. Later that evening, she had several conversations with the defendant, at first by telephone and later in person. After one of these conversations, the defendant left their room for about five or ten minutes. When he returned, Yashica followed him across the hall to the victim’s room. Both of them were wearing gloves. The door to the victim’s room was already open. Inside, Yashica saw the victim’s body lying on the floor, wrapped in sheets and plastic bags. She also saw that there was blood on the floor. She and the defendant carried the body downstairs to the trunk of an automobile and drove to a remote area, where they dumped the body. Yashica denied that she had been involved to any greater extent in the murder.

In his defense, the defendant maintained, and argued to the jury, that Yashica was lying, and that she had murdered the victim, using the defendant to assist her in carrying and disposing of the body.

1. We reject the defendant’s claim that the affidavit supporting the application for the search warrant of his residence at 16 Radcliffe Road failed to establish probable cause. To establish probable cause to search, the facts contained in an affidavit, and reasonable inferences that may be drawn from them, must be sufficient for the magistrate to conclude “that the items sought are related to the criminal activity under investigation, and that they reasonably may be expected to be located in the place to be searched at the time the search warrant issues.” Commonwealth v. Donahue, 430 Mass. 710, 712 (2000). A reviewing court gives considerable deference to the magistrate’s determination of probable cause. See Commonwealth v. Upton, 394 Mass. 363, 377 (1985).

The two affidavits of police officers that supported the issu[250]*250anee of the search warrant in this case, when examined under settled standards, see Commonwealth v. James, 424 Mass. 770, 777-778 (1997), establish probable cause.

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Bluebook (online)
780 N.E.2d 26, 438 Mass. 246, 2002 Mass. LEXIS 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-walker-mass-2002.