Commonwealth v. Barbosa
463 Mass. 116
| Mass. | 2012Background
- Midnight December 26, 2008: a single .38 shot killed Hercules Dossantos at a Brockton party; three attendees identified the defendant as the shooter.
- Defendant indicted for first-degree murder (premeditation and extreme atrocity/cruelty) and four firearm offenses.
- Police found nine-millimeter ammunition and a nine-mmillimeter magazine in a common apartment area; inferred access linked to defendant via security measures.
- Security measures in the apartment included three pit bulls, a surveillance camera, and a Brockton police scanner; the defense challenged their relevance.
- Jury sentenced after considering extensive eyewitness testimony, ballistic evidence linking the bullet to a .38 weapon, and corroborating telephone records.
- The search of the defendant’s apartment yielded additional clothing and forensic materials; the trial judge admitted some evidence with limiting instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of nine-millimeter ammo and related items | Prosecution showed access/familiarity with firearms. | Evidence lacked relevance and caused unfair prejudice. | Error, but not prejudicial. |
| Hearsay testimony by Trooper Klimas about recantation | Testimony supported witness credibility. | Hearsay without proper exception. | Error, but not prejudicial. |
| Admissibility of pretrial identifications and in-court identification | Pretrial IDs admissible as substantive evidence. | Identifications tainted by prior statements. | No error; admissible as substantive and corroborative. |
| Sufficiency of the search warrant under Aguilar-Spinelli | Informants’ detailed observations established probable cause. | Affidavit failed to meet basis of knowledge/verity. | Probable cause established; affidavit sufficient. |
Key Cases Cited
- Commonwealth v. Toro, 395 Mass. 354 (Mass. 1985) (caliber-specific evidence limits; wary of unrelated weapons evidence)
- Commonwealth v. Ridge, 455 Mass. 307 (Mass. 2009) (access to and familiarity with firearms; limiting instruction used)
- Commonwealth v. Ashman, 430 Mass. 736 (Mass. 2000) (weapon evidence admissible to show means to commit crime with proper limits)
- Commonwealth v. Martinez, 431 Mass. 168 (Mass. 2000) (pretrial identifications admissible; substantive and corroborative)
- Commonwealth v. Latimore, 378 Mass. 671 (Mass. 1979) (standard for evaluating defenses and witness credibility)
- Commonwealth v. Otsuki, 411 Mass. 218 (Mass. 1991) (admission of weapon-identification testimony; non-prejudicial when corroborated)