Commonwealth v. Indrisano
87 Mass. App. Ct. 709
| Mass. App. Ct. | 2015Background
- Commonwealth v. Indrisano; defendant stopped March 18, 2009, gun found in trunk; he claimed license issues under G. L. c. 140, §131(m) and §10; defense emphasized expired license and civil sanctions only; defendant testified he had never applied for renewal or been denied; prior affidavits claimed denial of renewal; trial judge denied Commonwealth’s motion in limine and instructed jury on license defense; defendant convicted of possession of a firearm and a loaded firearm without a license.
- State police stopped defendant, observed movements suggesting concealment behind rear seat, and defendant admitted a knife and later disclosed a gun; gun located in tool bag behind seat; defense asserted license exemption.
- Defendant offered affidavits alleging license denial in 1998 and license history; Commonwealth argued burden to prove absence of license; the defense raised the issue of licensure before trial and during trial.
- Evidence included defendant’s testimony about license status and prior affidavits; cross-examination used prior affidavits as admissions; rebuttal evidence and closing argument involved admissibility of inconsistent statements.
- Judge’s rulings addressed burden-shifting on licensure, admissibility of affidavits, and sentencing standards; motion for new trial denied; verdict affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden of production on licensure defense | Indrisano bears burden to show license defense not proven | Expired license and non-denial show entitlement to exemption | Burden properly on defendant to produce evidence; Commonwealth must disprove beyond reasonable doubt |
| Rebuttal evidence admissibility | Commonwealth rebuttal valid to counter defense theory | Rebuttal evidence improper or unnecessary | Proper rebuttal allowed to address defendant’s theory of defense |
| Use of prior inconsistent statements | Permissible impeachment and substantive use of admissions | Prejudicial or improper if misused | Admissible; statements admitted as admissions of party opponent and for impeachment |
| Jury instructions on licensure defense | Instructions correctly stated burden and defense applicability | Instructions improperly divided burden between judge and jury | Instructions proper; Commonwealth bears burden to disprove defense beyond a reasonable doubt |
| Consciousness of guilt instruction | Evidence of concealment and behavior supports instruction | No evidentiary basis for such inference | Instruction proper given conduct and evidence present |
Key Cases Cited
- Commonwealth v. Powell, 459 Mass. 572 (Mass. 2011) (license defense and burden framework for firearms offenses)
- Commonwealth v. Humphries, 465 Mass. 762 (Mass. 2013) (license exemption and pretrial notice requirements; burden shifting)
- Commonwealth v. Farley, 64 Mass. App. Ct. 854 (Mass. App. Ct. 2005) (civil sanction exemption under §131(m) and burden of production)
- Commonwealth v. Gouse, 461 Mass. 787 (Mass. 2012) (burden-shifting framework for license defense; joint venturer distinctions)
- Commonwealth v. Hoose, 467 Mass. 395 (Mass. 2014) (standard for evaluating jury instructions on burden of proof)