Commonwealth v. Parenteau
460 Mass. 1
| Mass. | 2011Background
- Parenteau pled guilty to OUI in 2007; license revoked for ten years, though he contends two-year suspension per plea.
- In 2009, police stopped him after learning his license was revoked; he was arrested for operating after revocation.
- Commonwealth introduced a registry certificate dated July 24, 2009 stating mail of notice on May 2, 2007 to Celebration Circle, Chicopee; no registry witness testimony.
- Parenteau testified he never received notice of ten-year revocation and believed his license had been revoked for two years; mail addressed as above.
- The trial court admitted the certificate; defense moved in limine; trial proceeded with verdict of guilty and sentence imposed.
- The court reversed, set aside the verdict, and remanded for further proceedings due to confrontation violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the registry certificate violated confrontation rights | Commonwealth argues valid notice proof via certificate | Parenteau challenges testimonial nature; lacks cross-examination | Yes; violated confrontation rights |
| Whether the error was harmless beyond a reasonable doubt | Certificate supported all elements of guilt | Without certificate, element proof insufficient | No; not harmless beyond reasonable doubt |
| Whether the registry certificate is testimonial | Certificate is admissible business record evidence | Certificate is testimonial and protected | Testimonial; inadmissible without registry witness |
| Whether the certificate was properly treated as a business record | Notice was a registry business record | No contemporaneous record; certificate created for trial | Not a proper non-testimonial business record |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (core confrontation-right framework for testimonial statements)
- Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (U.S. 2009) (certificates of analysis are testimonial affidavits)
- Commonwealth v. Crosscup, 369 Mass. 228 (Mass. 1975) (prima facie evidence of mailed notice; defendant may contest receipt)
- Commonwealth v. Koney, 421 Mass. 295 (Mass. 1995) (proper mailing as prima facie proof of notice)
- White v. Illinois, 502 U.S. 346 (U.S. 1992) (testimony definitions and testimonial statements inquiry)