84 N.E.3d 1
Mass.2017Background
- Defendant struck Robert Moore with a baseball bat in Needham, killing him, and attacked Nancy Moore, nearly killing her.
- Trial focused on whether the Commonwealth proved criminal responsibility despite the acts; convictions included first-degree murder (extreme atrocity or cruelty) and armed assault with intent to murder.
- Defendant had a long history of mental illness, including psychotic symptoms treated with Klonopin and multiple hospitalizations prior to 2007.
- Expert witnesses offered competing opinions on criminal responsibility: Dr. Fife supported capacity to appreciate wrongfulness and conform conduct; Drs. Carroll and Ablow supported impairment; Dr. Fife rebutted by Dr. Fife’s assessment of treatment success.
- Candid evidence at trial showed the defendant attempted to clean the scene, fled, and DNA/blood evidence linked him to the crime scene; no knife or weapon recovered.
- Judge instructed on Mutina framework for not guilty by reason of lack of criminal responsibility; defense sought additional drug-impact instruction but court found no basis therefrom.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| denial of mistrial for witness credibility comment | Commonwealth argues no abuse; curative instructions adequate | Dunn claims mistrial warranted due to credibility comments | No abuse; mistrial denied; curative instructions adequate |
| verdict slip error on armed assault with intent to murder | Commonwealth: verdict intended armed charge; error harmless | Dunn: error requires vacatur or limit on verdict | No reversal; armed assault verdict stands as supported by evidence |
| jury instruction on not guilty by lack of criminal responsibility | Commonwealth contends Mutina instruction proper | Dunn argues instruction misled about commitment consequences | Mutina instruction proper; no error |
| absence of drug-effects instruction on criminal responsibility | Commonwealth: no basis because no evidence drugs worsened condition | Dunn: should have given DiPadova instruction | Instruction not required; no error |
| relief under G. L. c. 278, § 33E | Commonwealth: restraint warranted; no miscarriage of justice | Dunn: § 33E should grant new trial or reduce conviction | Convictions affirmed; no § 33E relief |
Key Cases Cited
- Commonwealth v. Alcantara, 471 Mass. 550 (Mass. 2015) (mistrial and credibility assessment; appellate standard)
- Commonwealth v. Watkins, 425 Mass. 830 (Mass. 1997) (discretionary review of jury instruction credibility concerns)
- Blaisdell v. Commonwealth, 372 Mass. 753 (Mass. 1977) (confidential material or dual-use testimony limits)
- Mutina, 366 Mass. 810 (Mass. 1975) (Mutina instruction—concerning not guilty by lack of criminal responsibility)
- Chappell, 473 Mass. 191 (Mass. 2015) (instruction on commitment consequences for not guilty by lack of criminal responsibility)
- DiPadova, 460 Mass. 424 (Mass. 2011) (drug-use instruction for mental illness lacking responsibility)
- Gould, 380 Mass. 672 (Mass. 1980) (exercise of §33E restraint with weight of evidence)
- Harris, 23 Mass. App. Ct. 687 (Mass. App. Ct. 1987) (verdict description and intent where greater charge presumed)
- Andino, 34 Mass. App. Ct. 423 (Mass. App. Ct. 1993) (open issues, error limits in verdicts)
- McCarthy, 37 Mass. App. Ct. 113 (Mass. App. Ct. 1994) (limits on verdict corrections)