Commonwealth v. LaBrie
473 Mass. 754
Mass.2016Background
- Peter, a nonverbal, severely autistic seven-year-old, was diagnosed with lymphoblastic lymphoma in 2006; treatment required a complex multi-phase chemotherapy regimen with substantial parental involvement.
- The defendant, Kristin LaBrie, was Peter's primary caretaker and admitted at trial she failed to administer many prescribed medications over long stretches; pharmacy records corroborated gaps.
- After missed medication and interrupted monitoring, Peter relapsed in February 2008; later treatment options were limited and he died in March 2009.
- The Commonwealth charged LaBrie with attempted murder, two caretaker assault-and-battery offenses (permitting substantial/serious bodily injury), and reckless endangerment of a child; a jury convicted on all counts.
- On appeal the SJC affirmed the reckless-endangerment conviction, vacated both assault-and-battery convictions for insufficient evidence, and vacated the denial of LaBrie’s motion for a new trial on attempted murder based on ineffective assistance of trial counsel.
Issues
| Issue | Commonwealth's Argument | LaBrie's Argument | Held |
|---|---|---|---|
| Whether nonachievement of murder is an element of attempted murder | Attempt requires intent + overt act; nonachievement need not be proved beyond reasonable doubt | Attempt requires proof that substantive crime was not accomplished; Commonwealth failed to prove nonachievement | Nonachievement is not a separate element; attempt requires specific intent and an overt act; jury instructions were adequate |
| Sufficiency of evidence for assault-and-battery (caretaker permitting substantial/serious bodily injury) | Withholding meds produced relapse and increased risk/deleterious change in disease — satisfies "substantial bodily injury" | Evidence shows increased risk of death but not proof defendant caused an actual substantial bodily injury or relapse; insufficient causation | Vacated: evidence insufficient to prove defendant caused the requisite bodily injury; convictions for §§13J(b) and 13K(e) reversed |
| Adequacy of jury instructions on "substantial bodily injury" | Judge's reading permitted verdict based on substantial risk of death tied to defendant's conduct | Instructions misstated statutory definitions and improperly allowed risk alone to suffice | Court agreed instructions were flawed but decision disposed on evidentiary insufficiency; convictions vacated |
| Ineffective assistance re: failure to consult independent oncologist (motion for new trial) | Counsel made strategic decision; expert evidence might not have helped | Failure to consult oncologist deprived defendant of a substantial, available defense undermining intent | Counsel's failure was manifestly unreasonable and likely prejudicial; new trial on attempted murder ordered |
Key Cases Cited
- Commonwealth v. Peaslee, 177 Mass. 267 (1901) (discusses proximity of overt acts to substantive offense in attempt law)
- Commonwealth v. Kennedy, 170 Mass. 18 (1897) (explains attempt focuses on overt acts near enough to accomplish substantive crime)
- Commonwealth v. Marzilli, 457 Mass. 64 (2010) (listed nonachievement among attempt elements under general attempt statute)
- Commonwealth v. Bell, 455 Mass. 408 (2009) (same as Marzilli regarding general attempt language)
- Commonwealth v. Gosselin, 365 Mass. 116 (1974) (cases treating elements of attempt as intent plus overt act)
- United States v. York, 578 F.2d 1036 (5th Cir.) (1978) (discusses anomaly of requiring proof of failure as an element of attempt)
- Commonwealth v. Saferian, 366 Mass. 89 (1974) (standard for ineffective assistance review — "measurably below" and prejudice standard)