Commonwealth v. Carr
464 Mass. 855
| Mass. | 2013Background
- Defendant was convicted of first-degree murder for the 1974 shooting of a fourteen-year-old victim in Roxbury, Boston.
- Indictment issued in 1997 after the defendant fled Massachusetts; trial occurred in 2004.
- Defendant used multiple aliases and lived in Indiana/Illinois, hindering Commonwealth’s location efforts.
- Over the years, defendant faced multiple drug charges under various names; a 1994 interview occurred in Indiana.
- Several pretrial motions were denied: speedy-trial, grand-jury impairment, lost evidence, Miranda suppression, and funds for an identification expert.
- Conviction affirmed on appeal; no reduction of guilt or new trial ordered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy trial violation under Barker factors | Look at 30-year delay; burden on Commonwealth to justify delay | Delay prejudicial and attributable to Commonwealth; denial improper | Speedy-trial claim not violated after Barker balancing (delay heavy but justified) |
| Impairment of grand jury | Prosecutor presented false/misleading testimony and withheld exculpatory evidence | Impairment errors; indictments should be dismissed | No error; no demonstrable misconduct affecting grand jury deliberations |
| Lost evidence | Missing rifle, ammo, ballistic evidence, and autopsy data could favor prosecution | Missing evidence could be exculpatory; dismissal warranted | No abuse of discretion; missing evidence not clearly exculpatory and prejudice minimal |
| Motion to suppress statements (Miranda) | Miranda warnings inadequately administered; waiver not knowing/voluntary | Was in custody; warnings insufficient; improper waiver | No error; warnings adequate and waiver voluntary; not in custody for Miranda purposes |
| Funds for identification expert | Expert needed to address long-term memory effects on identifications | Testimony needed to aid defense | No abuse of discretion; witnesses were familiar with defendant; expert not necessary |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor speedy-trial framework (length, reason, assertion, prejudice))
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (presumptively prejudicial delay threshold; prejudice can be presumed)
- Commonwealth v. Look, 379 Mass. 893 (Mass. 1979) (balancing Barker factors applied to speedy-trial claims)
- Commonwealth v. Gove, 366 Mass. 351 (Mass. 1974) (art. 11 coextensive with the Sixth Amendment speedy-trial rights)
- Commonwealth v. Mayfield, 390 Mass. 615 (Mass. 1986) (grand jury impairment framework; required elements)
- Commonwealth v. Silva, 455 Mass. 503 (Mass. 2009) (standards for dismissal based on grand-jury impairment)
- Commonwealth v. O’Dell, 392 Mass. 445 (Mass. 1984) (exculpatory evidence and duty to disclose)
- Commonwealth v. McGahee, 455 Mass. 503 (Mass. 1985) (exculpatory evidence and grand jury disclosures)
- Commonwealth v. Dinkins, 440 Mass. 715 (Mass. 2004) (prejudice/impact of missing evidence; test for remedy)
- Commonwealth v. Willie, 400 Mass. 427 (Mass. 1987) (relevant considerations in lost evidence remedy)
- Commonwealth v. Larkin, 429 Mass. 426 (Mass. 1999) (custody analysis under Miranda standards)