Commonwealth v. Alicea
464 Mass. 837
| Mass. | 2013Background
- January 2004 jury convicteda Juan Pablo Alicea of first-degree murder (extreme atrocity or cruelty) and assault and battery with a dangerous weapon for a porch shooting that killed Hylas Strange III and wounded Larisa Andujar.
- Defendant appeals from convictions and from denial of a new-trial motion; claims include improper Fifth Amendment privilege hearing, nonunanimous verdict on assault and battery, ineffective assistance, and insufficient evidence on extreme atrocity or cruelty.
- Proceedings included a 2009 motion for a new trial (denied in 2011); appellate review conducted under G. L. c. 278, § 33E with deference to the trial/motion judge.
- Key factual background: May 15, 2002 shooting on 833 Main Street, Worcester; defendant invited victims, multiple shots fired as they ascended stairs; defendant smiled then frowned after the victim fell.
- Decisions rest on whether the privilege ruling was correct, jury unanimity, effectiveness of trial counsel, and sufficiency of Cunneen-factor evidence for extreme atrocity or cruelty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fifth Amendment privilege hearing validity | Commonwealth; privilege properly recognized and justified | Alicea; hearing improperly excluded defense and violated privilege | No error; privilege valid and hearing appropriate |
| Unanimity of assault and battery verdict | Commonwealth; no public disagreement; clerical/typographical issue ignored | Alicea; potential nonunanimity requires reversal | No reversible error; no demonstrable public disagreement |
| Denial of new-trial motion (ineffective assistance) | Commonwealth; trial counsel acted reasonably | Alicea; numerous deficiencies amount to substantial likelihood of miscarriage | No substantial likelihood of miscarriage; no reversible error |
| Sufficiency of evidence for extreme atrocity or cruelty | Commonwealth; Cunneen factors supported atrocity/cruelty finding | Alicea; first headshot instantaneous death would negate Cunneen factors | Evidence sufficient to support first-degree murder on theory of extreme atrocity or cruelty |
Key Cases Cited
- Commonwealth v. Cunneen, 389 Mass. 216 (Mass. 1983) (Cunneen factors for extreme atrocity or cruelty)
- Commonwealth v. Perez, 460 Mass. 683 (Mass. 2011) (standard for reviewing failure-to-mounot‑trial claims under §33E)
- Commonwealth v. Latimore, 378 Mass. 671 (Mass. 1979) (juror-disposition and evidence-based review standards)
- Commonwealth v. Dagenais, 437 Mass. 832 (Mass. 2002) (privilege and evidentiary considerations in privilege determinations)
- Commonwealth v. Martin, 423 Mass. 496 (Mass. 1996) (in-camera privilege discussions under Martin framework)
- Pixley v. Commonwealth, 453 Mass. 827 (Mass. 2009) (requirement of open-court basis for privilege verification; appellate access)
- Commonwealth v. Jackson, 419 Mass. 716 (Mass. 1995) (limits on suggestive photographic identification and suppression rulings)