Commonwealth v. Jones
477 Mass. 307
| Mass. | 2017Background
- On April 17, 2012, Dinoriss Alston was shot multiple times while a passenger in a parked car; Ashley Platt (driver) survived and described the fleeing shooter only from behind. Identity of the shooter was the central issue.
- Multiple eyewitnesses along the runner’s flight path described a single black male running from the scene wearing primarily white shirt, cargo/khaki shorts, a cap, and dark sneakers; several observed him clutching a pocket as if holding something heavy.
- Cell-site location information (CSLI) placed the defendant’s phone in the sector covering the shooting area shortly before and after the shooting; defendant lived nearby and frequented the neighborhood.
- Police encountered and photographed the defendant about 30–40 minutes after the shooting; he wore clothing generally consistent with some eyewitness descriptions. Officers swabbed his hands for gunshot residue; he declined to go to the hospital to be shown to Platt.
- Forensics: .45 caliber casings and bullets recovered at scene and from victim/vehicle matched each other; no weapon or identifying fingerprints were tied to the defendant.
- Procedural posture: defendant convicted of first‑degree murder (premeditation and extreme atrocity/cruelty) after a second trial; appeals contested sufficiency of evidence and multiple trial rulings. The SJC found sufficiency adequate but vacated convictions for a Batson/Soares error and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence (identity) | Commonwealth: circumstantial mosaic (CSLI, flight path, clothing similarities, consciousness-of-guilt) suffices to prove defendant was shooter | Defendant: evidence was weak, largely circumstantial and dependent on inexact descriptions and inference | Conviction upheld on sufficiency review — evidence could support a rational jury verdict beyond a reasonable doubt |
| Peremptory challenge (Batson/Soares) | Commonwealth: no prima facie showing after an African‑American juror had been seated; judge properly declined to require explanation | Defendant: prosecutor disproportionately struck African‑American venire members and offered no race‑neutral reason for juror no. 143; judge should have required explanation | Court held judge abused discretion in failing to find a prima facie case; vacated convictions and remanded for new trial (Batson/Soares error) |
| Admission of testimony that defendant refused hospital ID (self-incrimination) | Commonwealth: refusal evidence admissible to rebut impression defendant cooperated with police | Defendant: admission of refusal evidence violated privilege against self‑incrimination | Court: refusal evidence may be admitted narrowly to correct a misleading impression created by defense; here its admission on redirect was permissible but should not have been repeated via direct testimony of another officer |
| Police radio broadcast (hearsay / earlier ID) | Commonwealth: broadcast admissible to show police knowledge and as an earlier out‑of‑court identification by Platt | Defendant: broadcast was hearsay and too vague to qualify as an identification | Court: broadcast admission was problematic — not persuasive as truth; context evidence should be limited and, if used, requires limiting instruction; description was too vague to admit as prior identificatory statement |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (prohibits race-based peremptory strikes)
- Commonwealth v. Soares, 377 Mass. 461 (Massachusetts counterpart applying Batson principles)
- Sanchez v. Roden, 753 F.3d 279 (1st Cir.) (prima facie burden at Batson first stage is low)
- Commonwealth v. Issa, 466 Mass. 1 (discusses Batson first-stage factors and appellate review)
- Commonwealth v. Salim, 399 Mass. 227 (circumstantial-evidence “mosaic” approach)
- Commonwealth v. Cunneen, 389 Mass. 216 (extreme atrocity/cruelty factors)