36 N.E.3d 612
Mass. App. Ct.2015Background
- On Jan 15, 2009, four occupants of a Chevrolet Impala (two men, two women) met Browning M. Mejia to buy marijuana; Mejia met them, gave marijuana, and later arranged a meet on Pontiac Street to swap a different bag.
- Mejia approached the car wearing a black jacket and a ski mask lowered, said he forgot the bag, walked away, and minutes later multiple shooters in black fired on the car; two men in front were shot, two women in back were unharmed.
- Police arrested Mejia on Feb 10, 2009; investigators later observed him briefly at 55 Nautical Way and, on Jan 23, recovered a .32 Colt semiautomatic handgun and .32 ammunition from that residence basement rafters.
- Ballistics matched a spent projectile and four casings at the scene to that .32 handgun; there were no fingerprints on the weapon, DNA results were inconclusive, and two other people were later charged/convicted for possessing that handgun.
- The Commonwealth presented recorded jail calls by Mejia that prosecutors argued showed attempts to influence a female witness; the jury was instructed on joint venture liability (Commonwealth v. Zanetti) and convicted Mejia of two counts of assault and battery by means of a dangerous weapon, acquitting him of armed assault with intent to murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of handgun and related evidence | Handgun found at 55 Nautical Way matched casings at scene; evidence shows access/means and is admissible | Connection between Mejia and handgun too attenuated; no fingerprints/DNA or evidence he had access — should be excluded | Issue not preserved; even if erroneous admission occurred, no substantial miscarriage of justice given other strong evidence and defense counsel expressly waived objection |
| Admission of recorded jail telephone calls | Calls show Mejia orchestrating efforts to influence a female witness; admissible to prove consciousness of guilt | Calls irrelevant, prejudicial, and some excerpts involve plea discussions; should be excluded | Admitted: relevant to consciousness of guilt; plea references admissible under Boyarski because recipient lacked authority to negotiate; probative value outweighed prejudice |
| Hearsay / Confrontation concerns from call recipients' statements | N/A for plaintiff | Statements of call recipients are hearsay/testimonial; violation of confrontation clause | No error: recipients’ remarks provided context for Mejia’s statements, were not admitted for truth, and were non-testimonial |
| Prosecuting defendant while others prosecuted for possessing same gun (consistency/due process) | N/A for plaintiff | Inconsistent theories (defendant jointly liable while others prosecuted for possession) violate due process | No due process violation; joint venture theory is consistent with others’ prosecution |
Key Cases Cited
- Commonwealth v. Zanetti, 454 Mass. 449 (2009) (joint venture instructions and shared intent framework)
- Commonwealth v. Whelton, 428 Mass. 24 (1988) (preservation of evidentiary objections)
- Commonwealth v. Jones, 464 Mass. 16 (2012) (preservation and appellate review of evidentiary rulings)
- Commonwealth v. Lawton, 82 Mass. App. Ct. 528 (2012) (preservation rules for evidentiary issues)
- Commonwealth v. Haggett, 79 Mass. App. Ct. 167 (2011) (review where issue not preserved: substantial risk of miscarriage of justice standard)
- Commonwealth v. Scesny, 472 Mass. 185 (2015) (relevancy and probative/prejudicial balancing)
- Commonwealth v. Williams, 456 Mass. 857 (2010) (weapons admissible to show means)
- Commonwealth v. Ridge, 455 Mass. 307 (2009) (admissibility to show access/familiarity with weapons)
- Commonwealth v. Toro, 395 Mass. 354 (1985) (weapons evidence may be weakly probative and prejudicial)
- Commonwealth v. Barbosa, 463 Mass. 116 (2012) (insufficient link between defendant and weapons found in common areas)
- Commonwealth v. McGee, 467 Mass. 141 (2014) (limits and admissibility of weapon-related evidence)
- Commonwealth v. Beliard, 443 Mass. 79 (2005) (sufficient link where defendant resided with person tied to weapon used in crime)
- Commonwealth v. Rosa, 468 Mass. 231 (2014) (coventurer’s access to weapons can support joint venture inference)
- Commonwealth v. Randolph, 438 Mass. 290 (2002) (factors in granting relief when error not preserved)
- Commonwealth v. Boyarski, 452 Mass. 700 (2008) (admission of defendant’s statements about plea negotiations where recipient lacked authority)
- Commonwealth v. Wilson, 430 Mass. 440 (1999) (rules on plea negotiations in evidence)
- Commonwealth v. Mullane, 445 Mass. 702 (2006) (admissions of conversation context not hearsay)
- Commonwealth v. Fidler, 377 Mass. 192 (1979) (juror exposure to extraneous influence and voir dire)
- Commonwealth v. Tanner, 417 Mass. 1 (1994) (procedures following juror disclosures)
- Commonwealth v. Keo, 467 Mass. 25 (2014) (prosecutorial consistency and due process)