Commonwealth v. Wei H. Ye

754 N.E.2d 86, 52 Mass. App. Ct. 390, 2001 Mass. App. LEXIS 857
Massachusetts Appeals Court·Decided August 27, 2001·No. No. 00-P-70·Published·Cited by 9 cases

Opinion

Kafker, J.

Masquerading as trick or treaters with painted faces and costumes, four men made their way into the Lexington home of Sookyun Rha on Halloween night, 1997. Once inside, some of the intruders ransacked the house looking for money while others held Rha and her ten year old twin sons at gunpoint. The.intruders eventually discovered the key to the Rhas’ safe and took $15,000 from it before binding the victims’ legs, arms, and mouths with duct tape and dumping them in the basement of the house. Fingerprints of the defendant, Wei H. Ye, were discovered on the inside of a door of a traditional Korean cabinet in the basement.

Following a jury trial in Middlesex Superior Court in October, 1998, the defendant was convicted of home invasion, armed robbery while masked, three counts of kidnaping, three counts of assault by means of a dangerous weapon, and three counts of assault and battery.

On appeal, the defendant argues that his convictions should be reversed and his case remanded for a new trial due to insufficient evidence that his fingerprints were placed on the Korean cabinet on the night of the home invasion. He also argues that the judge erred in not instructing the jury on fingerprint evidence, in allowing the introduction of latex gloves and duct tape from his workplace toolbox, and in permitting testimony regarding his postarrest silence. He further asserts ineffective assistance of counsel based on his counsel’s failure to request the fingerprint instruction, to file a motion to suppress the gloves and the tape, and to object to postarrest testimony. He also raises several other issues which are summarily addressed below. We conclude that there was no error, and that counsel was hot ineffective. We, therefore, affirm the convictions.

1. Sufficiency of the evidence. Relying on Commonwealth v. Morris, 422 Mass. 254 (1996), the defendant argues that the Commonwealth failed to prove beyond a reasonable doubt that his fingerprints were left on the Korean cabinet during the commission of the crime. Our analysis begins “with the general principle that the presence of a fingerprint at the scene of the crime is not by itself a sufficient basis for submitting a case to a [392] jury. The prosecution must couple the fingerprints with evidence which reasonably excludes the hypothesis that the fingerprints were impressed at a time other than when the crime was being committed.” Commonwealth v. Fazzino, 27 Mass. App. Ct. 485, 487 (1989) (citations omitted). See Commonwealth v. Baptista, 32 Mass. App. Ct. 910, 911 (1992).

We “review the evidence in the light most favorable to the Commonwealth, along with reasonable inferences therefrom,” Commonwealth v. Morris, 422 Mass at 256, and begin with the fingerprints themselves. The police found “very good quality” fingerprints matching the defendant’s on the inside of a door of the Korean cabinet.1 The police officer who detected and lifted the prints described them as “very fresh” and the fingerprint expert described their “very good quality” as allowing “the impression that this may be a very recent print . . . .” The cabinet had been given to Rha by her family. It stood in the basement of the house and as the family’s “traditional one” was rarely opened by the Rhas. Rha testified that the cabinet door, which had been closed, was left open by the robbers. The defendant had never visited the Rhas’ house prior to Halloween night, 1997. Visitors to the house were few and service personnel were monitored by Rha.

In addition to the fingerprints on the door of the cabinet, other circumstantial evidence linked the defendant to the crime. Cell phone records for the day and evening of the robbery included at least three calls connecting the defendant’s family to Hester Yip. Yip was the former cashier at a successful restaurant owned by the prior owner of Rhas’ home.2 The Commonwealth’s theory was that the defendant and his cohorts, in collaboration with the former cashier, located and planned to [393] rob the house, unaware that it had been sold, expecting to find large sums of cash there from the restaurant business.3

We conclude that the Commonwealth has coupled the fingerprint evidence with other evidence which reasonably excludes the hypothesis that the fingerprints were impressed at a time other than when the crime was being committed because (1) very good quality, “fresh” fingerprints were found on the Korean cabinet door opened by the robbers, (2) the cabinet was rarely used and was isolated in a home with few visitors, (3) the defendant had never visited the home, and (4) other circumstantial evidence connected the defendant to the crime. See Commonwealth v. LeClaire, 28 Mass. App. Ct. 932, 933 (1990); Commonwealth v. Hall, 32 Mass. App. Ct. 951, 952 (1992); Commonwealth v. Baptista, 32 Mass. App. Ct. at 911-912.

The defendant’s reliance on Commonwealth v. Morris, 422 Mass. 254, is misplaced. In that case, the defendant’s prints were discovered on a mask left at the scene of the murder by one of the intruders. There was no other evidence that the defendant participated in the crime. The mask, unlike the cabinet here, was brought to the crime scene from another location. Because the mask was portable and the defendant in Morris had prior contacts with the others arrested separately for the crime, it could be inferred that he had other opportunities to touch the mask. As the court stated, “the [co-defendants] may have simply used the defendant’s home as a base of operations.” Id. at 259. Here, in contrast, the Commonwealth did satisfy its obligation to “rebut the possibility that the fingerprints had been placed [at the scene] at a time other than that of the occurrence of the crime.” Commonwealth v. Baptista, 32 Mass. App. Ct. at 911, quoting from Commonwealth v. Fazzino, 27 Mass. App. Ct. at 486.

2. Fingerprint instruction. No jury instructions specifically addressing fingerprint evidence were requested or given. The [394] defendant claims the judge erred in failing to give such instructions, and counsel was ineffective for not requesting them. We conclude that there has been no error or ineffective assistance. The defendant relies on a footnote in Commonwealth v. La-Corte, 373 Mass. 700, 702-703 n.l (1977), which states that “since the defendant may have been in the [the murder victim’s] apartment on other occasions, the defendant might have been entitled to a limiting instruction emphasizing that the fingerprints were admitted in evidence to show only that the defendant was present there at some time.” The court continued, however, that “because of other circumstantial evidence in this case, the judge might well have ruled that the defendant was not entitled to such an instruction.” Ibid.

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Commonwealth v. Wei H. Ye, 754 N.E.2d 86, 52 Mass. App. Ct. 390, 2001 Mass. App. LEXIS 857 (Mass. Ct. App. 2001).

754 N.E.2d 86 (Commonwealth v. Wei H. Ye) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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