947 N.E.2d 1147
Mass. App. Ct.2011Background
- Defendant was convicted of stalking his former therapist under G. L. c. 265, § 43(a).
- CPC treated defendant from Dec 2006 to Aug 2008; in 2009 CPC received 25 anonymous mailings.
- Mailings contained highlighted articles, internal memos, a provocative poster, a receipt for CPC services, handwritten notes, and threats such as 'WE 'C' 'U' '2' ALKN' and 'LOOK OVER YOUR SHOULDERS 4 LIFE.'
- Mailings included personal details about Nazarro, including home address and license plate number, causing fear and paranoia.
- Nazarro reported concerns; police were notified; an investigator later identified the defendant as the mailer.
- During booking on Oct 5, 2009, police conducted an inventory search uncovering items linking to CPC and a list of names.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of pattern and threat | Nazarro faced 25 mailings over eight months—patterned conduct | No individual act alone proves pattern or credible threat | Evidence supports pattern and threat; sufficient beyond reasonable doubt |
| Targeted nature of the threats | Mailings explicitly targeted Nazarro with personal data and gang references | Generalized complaints could suffice; not sufficiently targeted | Mailings were sufficiently focused and threatening to Nazarro |
| Motion to suppress evidence from booking inventory | Inventory search admissible; materials related to charges may be examined | Officers cannot rummage through arrestee materials | Inventory search permissible; officer could review materials plainly related to charges |
Key Cases Cited
- Commonwealth v. Latimore, 378 Mass. 671 (1979) (jury reasonable-doubt standard for sufficiency of evidence)
- Commonwealth v. Jenkins, 47 Mass. App. Ct. 286 (1999) (pattern/series requirement for stalking statute)
- Commonwealth v. Kwiatkowski, 418 Mass. 543 (1994) (statutory elements distinguished; threat component)
- Commonwealth v. Gordon, 407 Mass. 340 (1990) (look to defendant's conduct in context; totality of circumstances)
- Commonwealth v. Matsos, 421 Mass. 391 (1995) (threat element closely approximates assault in stalking context)
- Commonwealth v. Bacigalupo, 455 Mass. 485 (2009) (circumstantial evidence; reasonable inferences)
- Commonwealth v. Longo, 402 Mass. 482 (1988) (definition of reasonable inferences)
- Commonwealth v. Sullo, 26 Mass. App. Ct. 766 (1989) (police may review obvious information bearing on charges)
- Commonwealth v. Vuthy Seng, 436 Mass. 537 (2002) (distinction between observing information and recording it for investigation)