Commonwealth v. Downey
936 N.E.2d 442
Mass. App. Ct.2010Background
- Downey was convicted of second-degree murder for the 1997 stabbing death of James Murphy.
- Defendant challenges the conviction on multiple grounds, including a Sixth Amendment public-trial violation.
- The challenged event is courtroom closure during jury empanelment at the start of the afternoon session of voir dire.
- The closure occurred during CORI-record inquiries and subsequent voir dire for a replacement juror, with spectators largely excluded.
- Defense objected to the closure as a public-trial violation, and a brief reopening for family occurred but the general public remained barred thereafter.
- Court holds the public-trial right extends to jury selection, finds closure unconstitutional, and reverses for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did courtroom closure during voir dire violate the Sixth Amendment public-trial right? | Downey asserts public trial rights were violated by excluding the public during CORI inquiry. | Downey emphasizes need for open proceedings during jury selection. | Yes; closure violated the public-trial right and requires reversal. |
| Did Downey knowingly waive his right to public trial? | Commonwealth argues defense assent implied waiver via objections. | Defense objections and responses did not amount to a knowing waiver. | No; no valid waiver shown. |
| Were any permissible limitations on the right to public trial justified? | Commonwealth contends CORI privacy and witness-security concerns justify closure. | Defense argues no overriding interest and that partial closure was broader than necessary. | No; none of the four Waller factors supported the closures. An open proceeding was feasible. |
Key Cases Cited
- Presley v. Georgia, 130 S. Ct. 721 (2010) (public-trial right extends to jury selection)
- Commonwealth v. Cohen (No. 1), 456 Mass. 94 (2010) (public trial during voir dire; structural error; reversal when closed)
- Owens v. United States, 483 F.3d 48 (1st Cir. 2007) (voir dire public-trial principle applies; overarching standard)
- Waller v. Georgia, 467 U.S. 39 (1984) (four-factor test for closure)
- Commonwealth v. Edward, 75 Mass. App. Ct. 162 (2009) (public-trial waiver analysis and timing of objection)
- Commonwealth v. Adamides, 37 Mass. App. Ct. 339 (1994) (necessity of knowing waiver; equivocal acquiescence not waiver)
- Commonwealth v. Cousin, 449 Mass. 809 (2007) (CORI disclosure and voir dire procedures; precedents on CORI)
- Commonwealth v. Hampton, 457 Mass. 152 (2010) (relevant considerations on CORI and public-trial rights)