79 N.E.3d 1037
Mass.2017Background
- Victim Lorraine Wachsman was stabbed to death on August 9, 2010; defendant Eunice Field admitted the killing and made two videotaped custodial statements to police.
- Field had a diagnosed bipolar disorder, a history of substance abuse, and prior animus toward the victim; she wrote a note and posted on Facebook the night before arranging to meet the victim.
- At trial Field did not dispute the killing; defense counsel argued severe bipolar disorder prevented requisite intent for first-degree murder but did not retain or consult a mental health expert.
- The Commonwealth introduced the two videotaped interviews and an expert who found no evidence of mania, psychosis, or lack of criminal responsibility.
- A jury convicted Field of first-degree murder on theories of deliberate premeditation and extreme atrocity or cruelty; Field moved for a new trial claiming ineffective assistance for failure to consult mental-health expertise and for failing to suppress the interviews or raise competency concerns.
- The trial judge (who presided over the trial) denied the new-trial motion; the SJC affirmed, finding counsel erred by not consulting an expert but that the error did not create a substantial likelihood of a miscarriage of justice given compelling evidence of premeditation.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Field) | Held |
|---|---|---|---|
| 1. Failure to consult mental-health expert | Counsel’s overall strategy to seek second-degree murder was reasonable; even if counsel erred, overwhelming evidence supports first-degree premeditation | Counsel was ineffective for not consulting an expert about mental impairment, which would have aided defense and impeachment of Commonwealth expert | Counsel erred in failing to consult an expert, but error not likely to have affected jury’s premeditation verdict; conviction affirmed |
| 2. Failure to move to suppress videotaped interviews | Admission of recordings was tactically justified to let jurors assess Field’s behavior; even if excluded, other strong evidence of premeditation remains | An expert would have shown the interviews were involuntary (mental state or invocation of rights) and should have been suppressed, undermining premeditation and atrocity findings | Even assuming suppression would have succeeded, independent and compelling evidence of deliberate premeditation makes reversal unwarranted |
| 3. Competency to stand trial inquiry | No substantial doubt shown; Commonwealth met competency burden at trial and record shows Field could consult with counsel | Trial counsel should have consulted an expert about competency given bipolar disorder and behavior; ineffectiveness for failing to investigate competency | Defendant did not carry burden to show substantial doubt about competency; no ineffective assistance on this ground |
| 4. Relief under G. L. c. 278, § 33E (interest of justice) | No abuse of discretion; errors did not affect verdict | Trial counsel’s failures and mental-health evidence warrant new trial or lesser verdict in interest of justice | Court reviewed record and declined to grant § 33E relief; conviction affirmed |
Key Cases Cited
- Commonwealth v. Nolin, 448 Mass. 207 (discussing effect of multiple theories on first-degree verdict)
- Commonwealth v. Wright, 411 Mass. 678 (standard that premeditation finding can stand despite errors affecting alternate theory)
- Commonwealth v. Fulgiam, 477 Mass. 20 (standard for ineffective-assistance review in capital cases)
- Commonwealth v. Walker, 443 Mass. 213 (burden to show consulting expert would have altered verdict)
- Commonwealth v. Roberio, 428 Mass. 278 (failure to investigate mental-responsibility defense can be manifestly unreasonable)
- Commonwealth v. Alcide, 472 Mass. 150 (failure to investigate only realistic defense is error)
- Commonwealth v. Kolenovic, 471 Mass. 664 (defendant bears burden to prove ineffectiveness)
- Commonwealth v. Companonio, 445 Mass. 39 (when competency inquiry appropriate)
- Commonwealth v. Howard, 469 Mass. 721 (suspending interrogation must be scrupulously honored)
- Commonwealth v. Cunneen, 389 Mass. 216 (extreme atrocity/cruelty definition and evidence of conscious suffering)