Commonwealth v. Morse
468 Mass. 360
| Mass. | 2014Background
- On Aug. 17, 2010 a motorboat piloted by the defendant struck a kayak; a ten-year-old passenger died and the kayak’s adult occupant was seriously injured. The defendant had consumed beer and smoked marijuana earlier that day.
- Police interviewed the defendant about an hour after the collision; he admitted to drinking beer but—after Miranda warnings at the station—answered “No” when asked whether he had consumed any other substances that could have impaired him.
- Investigators later learned the defendant had smoked marijuana that day; six days later he admitted to police he had smoked marijuana both at his workplace and after arriving at the lake.
- The defendant was charged with, inter alia, misleading a police officer (G. L. c. 268, § 13B) for the denial and misdemeanor homicide by vessel (G. L. c. 90B, § 8B). At trial the denial was admitted only on the § 13B count; a drug-recognition expert testified about typical effects of alcohol and marijuana.
- A jury convicted the defendant of misleading a police officer and misdemeanor homicide by vessel (general verdict); acquitted on other counts. The defendant appealed; the Supreme Judicial Court granted direct review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial to police supported conviction for "misleading" under § 13B | Commonwealth: the defendant’s denial was false/misleading and admissible to prove a § 13B violation | Defendant: his denial was an unequivocal, subjective response; insufficient to prove knowing falsity or intent to impede the investigation; common-law rule bars such use | Reversed: insufficient evidence of specific intent to impede; denial alone fails to sustain § 13B conviction |
| Whether admission of the denial violated common-law rule against using an unequivocal denial | Commonwealth: denial was an operative verbal act under § 13B and therefore admissible for that offense | Defendant: common-law rule forbids admission of unequivocal denials to prove guilt or consciousness of guilt | Court: did not decide on merits because § 13B conviction reversed on sufficiency grounds; noted that operative words are not hearsay and that § 13B prosecutions may admit denials as verbal acts |
| Whether § 13B, as applied, was unconstitutionally vague | Defendant: the police question was vague/subjective so statute application is vague | Commonwealth: statute and question sufficient to charge misleading conduct | Court: declined to reach constitutional vagueness claim because conviction reversed on other grounds |
| Sufficiency of evidence for homicide-by-vessel conviction under § 8B (operating while under influence) | Commonwealth: evidence of drinking and marijuana use plus expert testimony and circumstantial facts supported impaired-operation theory | Defendant: breath test at 9:30 p.m. read 0.00 and immediate field observations showed no impairment—insufficient evidence of being under the influence | Affirmed: jury could reasonably infer impairment or negligent operation from consumption, expert testimony, and circumstantial evidence; conviction stands |
Key Cases Cited
- Commonwealth v. Figueroa, 464 Mass. 365 (definition of "misleading conduct" adopted from federal statute)
- Commonwealth v. Latimore, 378 Mass. 671 (standard for reviewing sufficiency of evidence)
- Commonwealth v. Daniel, 464 Mass. 746 (definition of "under the influence" as diminished ability to operate safely)
- Commonwealth v. Connolly, 394 Mass. 169 (proof required for diminished capacity to operate safely)
- Commonwealth v. Giles, 353 Mass. 1 (perjury standard on answers susceptible of ascertainable meaning)
- Commonwealth v. Diaz, 453 Mass. 266 (common-law rule re: inadmissibility of unequivocal denials)
- Commonwealth v. Womack, 457 Mass. 268 (operative-words exception; discussion of denial rule)
- Commonwealth v. Fortuna, 80 Mass. App. Ct. 45 (infer intent to mislead from demonstrably false statements to police)
- Commonwealth v. McCreary, 45 Mass. App. Ct. 797 (purpose of § 13B to protect witnesses from intimidation)
- Commonwealth v. Purdy, 459 Mass. 442 (operative words as non-hearsay)