EDWARD PIERCE

CourtMassachusetts Appeals Court
DecidedJanuary 13, 2025
Docket23-P-931
StatusPublished

This text of EDWARD PIERCE (EDWARD PIERCE) 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
EDWARD PIERCE, (Mass. Ct. App. 2025).

Opinion

APPEALS COURT

EDWARD PIERCE, petitioner

Docket: 23-P-931
Dates: September 6, 2024 - January 13, 2025
Present: Sacks, Englander, & Grant, JJ.
County: Plymouth
Keywords: Habeas Corpus. Practice, Civil, Civil commitment, Sex offender, Appeal, Dismissal of appeal. Sex Offender. Evidence, Opinion, Sex offender

            Petition for a writ of habeas corpus filed in the Superior Court Department on February 16, 2023.

            The case was heard by Michael A. Cahillane, J.

            Mary P. Murray for the respondent.

            Joseph M. Kenneally for the petitioner.

            SACKS, J.  After a Superior Court judge allowed his 2023 petition for a writ of habeas corpus, Edward Pierce was released from the custody of the Massachusetts Treatment Center for sexually dangerous persons (MTC), to which he had been civilly committed in 2002.  The judge allowed the petition on the ground that the evidence at Pierce's 2002 commitment proceeding failed to include the opinion of a qualified examiner that Pierce was a sexually dangerous person (SDP) -- a requirement imposed by G. L. c. 123A, as interpreted in Johnstone, petitioner, 453 Mass. 544, 553 (2009) (Johnstone).  The respondent superintendent of the MTC (superintendent) now appeals, asserting that habeas corpus relief was unavailable because Pierce could have raised this argument in a direct appeal from the 2002 commitment.  See Sheriff of Suffolk County v. Pires, 438 Mass. 96, 99-100 (2002) (Pires) (habeas corpus not substitute for ordinary appellate procedure).

            Shortly before oral argument, we asked the parties to address the additional, threshold question whether an order granting habeas corpus relief is appealable.  For the reasons that follow, we conclude that (1) the appeal of the habeas corpus order at issue is properly before us, and (2) because Pierce could have raised his claim in a direct appeal from his 2002 commitment, he cannot raise that claim through a habeas corpus petition.  We therefore reverse the order granting the petition.

            Background.  1.  Prior criminal and civil commitment proceedings.  The facts are largely undisputed.  In 1997, Pierce was convicted of indecent assault and battery on a child under the age of fourteen, a male relative.  In 1999, the district attorney for the Plymouth district petitioned to commit Pierce as an SDP, alleging that in addition to the victim in the criminal case, several other young men had told police that Pierce sexually assaulted them when they were boys.  Following a probable cause hearing on the petition, Pierce was temporarily committed to the MTC, where two qualified examiners concluded, based on their understanding that they could not consider the concerning but as-yet unsubstantiated allegations of other sexual assaults, that they were unable to opine that Pierce was an SDP.[1]

            In 2001, Pierce moved for summary judgment.  He argued:  "[T]he fact that two [q]ualified [e]xaminers retained at the request of the [c]ourt and obtained and paid by the Department of Correction[] opine using the correct legal standards that [Pierce] is not sexually dangerous . . . precludes a reasonable finder of fact from concluding that the Commonwealth has met its burden."  He further argued that a previous version of G. L. c. 123A had required, to support an SDP commitment, a qualified examiner's opinion that a person was an SDP.  See G. L. c. 123A, §§ 5, 6, as inserted by St. 1985, c. 752, § 1.  See also Commonwealth v. Arment, 412 Mass. 55, 57-58 (1992).  A judge denied Pierce's motion, ruling that the qualified examiners' opinions were not dispositive, in part because the Commonwealth was prepared to offer at trial a forensic psychologist's opinion that Pierce was an SDP.  The judge, of course, did not have the benefit of the Johnstone opinion, which was not decided until 2009.

            In 2002, the case proceeded to a jury-waived trial, where the Commonwealth offered evidence of Pierce's conviction as well as testimony from three other young men that Pierce had sexually abused them.  Neither qualified examiner testified, but the Commonwealth introduced the forensic psychologist's testimony that Pierce was an SDP.  The trial judge, expressly crediting the Commonwealth's witnesses, found beyond a reasonable doubt that Pierce was an SDP, and judgment entered accordingly.

            Instead of reporting for commitment as ordered, Pierce fled Massachusetts.[2]  In 2003, while Pierce was absent, he was charged with indecent assault and battery and statutory rape, based on the allegations of two of the additional victims who testified at his SDP trial.  In 2005, Pierce was taken into custody in Vermont and returned to the Commonwealth, where he was remanded to the MTC based on the 2002 judgment of commitment.  Pierce then filed a notice of appeal from that judgment, but the Commonwealth moved to dismiss the appeal as time barred.  A judge ordered the appeal dismissed, and Pierce did not appeal from that order.  That brought the original SDP proceeding to a close.

            In 2008, a jury convicted Pierce of the 2003 charges of indecent assault and battery and statutory rape.  Pierce was also convicted, after a jury-waived trial, of intimidation of a witness and of threatening to commit a crime, the victim in both instances being one of those who had testified against Pierce at his SDP trial.  Pierce was sentenced to an aggregate of from twelve to eighteen years in State prison, with ten years of probation to commence on his release.[3]

            In the meantime, in 2007, Pierce had filed the first of five petitions under G. L. c. 123A, § 9, for discharge from the MTC.  In anticipation of trial, two qualified examiners opined that Pierce remained an SDP, and he withdrew his petition before trial.  Pierce filed additional § 9 petitions in 2011, 2014, and 2017, but each time he withdrew the petition before trial.  Pierce filed his fifth § 9 petition in 2019.  That case remains pending, with trial scheduled for June 2025.

            2.  Habeas corpus proceeding.  In September 2022, Pierce completed the committed portion of his criminal sentences, but he remained at the MTC pursuant to the 2002 SDP commitment.  In 2023, Pierce petitioned for a writ of habeas corpus, claiming that his 2002 commitment was void and seeking immediate release, on the ground that the commitment was unsupported by any qualified examiner opinion that he was an SDP.  The superintendent opposed the petition, arguing that habeas corpus relief was unavailable because Pierce was challenging the original judgment of commitment and could have raised his claim of the absence of qualified examiner evidence in a direct appeal from that judgment.  See Pires, 438 Mass. at 99-100 (habeas corpus cannot be used as substitute for appeal).

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EDWARD PIERCE, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-pierce-massappct-2025.