Commonwealth v. Cavitt
460 Mass. 617
| Mass. | 2011Background
- May 5, 2006 armed robbery at a Western Union inside a Big Y in Springfield; subsequent arson-murder in a nearby apartment complex; defendant lived with Corinne LaVoice prior to and after the crimes.
- Indictments included first-degree murder (two theories), burning of a dwelling, armed robbery while masked, assault and battery, and carjacking; suppression motions were denied prior to trial.
- Trial in 2007 resulted in conviction on multiple counts; defense later sought a new trial alleging ineffective assistance of trial counsel for not challenging the sneaker search.
- DNA evidence from several items was introduced (some inconclusive); defense objected to the DNA testimony as lacking proper statistical support.
- Defense appeals disputed the sneakers’ seizure scope, the reliability of a citizen informant, identification procedures, and the admissibility of inconclusive DNA testimony; the court affirmed the convictions and denied the new-trial motion.
- Defendant acknowledged at sentencing that he killed the victims to avoid witnesses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to seize sneakers tied to crimes | Cavitt argues lack of probable cause in warrant for sneakers | Cavitt contends warrant scope exceeded; ineffective‑assistance claim | Probable cause was established; no ineffectiveness for not moving suppress. |
| Veracity of citizen informant | Cavitt contests reliability of anonymous informant | LaVoice’s identification and credibility insufficient | Informant identifiable; reliability supported; reasonable basis for probable cause. |
| Photographic identification suppression | Cavitt claims Vergara’s ID was unduly suggestive | ID procedure not unnecessarily suggestive; not one‑on‑one showup | Identification not unnecessarily suggestive; suppression denied. |
| Admission of inconclusive DNA evidence | Cavitt argues DNA on necklace was inconclusive and prejudicial | DNA testimony neutral; not persuasive evidence against Cavitt | Admission did not create substantial likelihood of miscarriage; no reversal. |
Key Cases Cited
- Commonwealth v. Kaupp, 453 Mass. 102 (2009) (probable cause and affidavit review; four-corners rule)
- Commonwealth v. Nesbitt, 452 Mass. 236 (2008) (inconclusive DNA evidence prejudicial yet not reversible error with proper cross)
- Commonwealth v. Mattel, 455 Mass. 840 (2010) (DNA testimony without full statistics may be prejudicial; distinguishable from Nesbitt)
- Commonwealth v. Costa, 448 Mass. 510 (2007) (reliability of identifiable citizen informants; credibility weight)
- Commonwealth v. Alfonso A., 438 Mass. 372 (2003) (informant reliability when identifiable; basis of knowledge)