Commonwealth v. Lao, 460 Mass. 12

Defendant convicted of deliberately premeditated murder of his estranged wife in May 2000 after separating for about a year.
Victim had begun dating another man; the boyfriend moved in May 1, 2000, at victim’s Chelsea apartment.
Morning of May 2, 2000, neighbors observed activity; victim found unresponsive and died May 17, 2000, from strangulation.
Defendant’s alibi included a door purchase and work at a Waltham client’s home; timeline disputed by police route analysis.
Late disclosure by landlord’s daughter about seeing defendant descending back stairs prompted trial motions and impeachment issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of motive-based hearsay	Hearsay excites the mind and proves motive.	Question called for speculative state of mind.	No error; excited utterance admissible; motive shown.
Mistrial due to late witness disclosure and impeachment	Late disclosure did not prejudice Commonwealth; impeachment possible.	Late disclosure unfairly prejudiced defense and courtroom strategy.	No abuse of discretion; no prejudice shown; denial affirmed.
Closing argument and time-line chart	Chart aids understanding; closing properly argued alibi timelines.	Closing misstates evidence and relies on unwritten standard of proof.	Not preserved; viewed as fair, reasonable argument; chart permissible.
Bowden instruction	Bowden requires acknowledging investigation deficiencies affecting guilt.	Should have instruction reflecting Bowden concerns.	Bowden instruction not required; judge properly instructed credibility and reasonable doubt.
Deliberate premeditation instruction	Requested instruction correcting misstatement of law.	Instruction needed to reflect standard for deliberate premeditation.	No error; model instruction used; recent authority rejected the alternative.

Commonwealth v. Bowden, 379 Mass. 472 (Mass. 1980) (Bowden instruction limits; not a required element.)
Commonwealth v. Boateng, 438 Mass. 498 (Mass. 2003) (Bowden not mandatory; credibility instructions adequate.)
Commonwealth v. Avila, 454 Mass. 744 (Mass. 2009) (Bowden and related limitations discussed.)
Commonwealth v. Williams, 439 Mass. 678 (Mass. 2003) (Role of evidence and closing arguments clarified.)
Commonwealth v. Drayton, 386 Mass. 39 (Mass. 1982) (Prosecutor may marshal evidence and infer reasonable conclusions.)
Commonwealth v. Kozec, 399 Mass. 514 (Mass. 1987) (Limits on misstatement of evidence during closing.)
Commonwealth v. Wright, 411 Mass. 678 (Mass. 1992) (Preservation and review standards for closing arguments.)
Commonwealth v. Nardi, 452 Mass. 379 (Mass. 2008) (Addressing deliberate premeditation instruction standard.)
Commonwealth v. Lao, 443 Mass. 770 (Mass. 2005) (Collateral appellate process referenced in multiple contexts.)
Commonwealth v. Lao, 450 Mass. 215 (Mass. 2007) (Post-conviction procedures and effectiveness considerations discussed.)
United States v. Whitney, 524 F.3d 134 (1st Cir. 2008) (Federal guidance on Bowden-like considerations referenced.)