104 N.E.3d 683
Mass. App. Ct.2018Background
- Defendant Ferdinand J. Pereira was convicted after a bench (jury‑waived) trial for operating a motor vehicle while under the influence following an early‑morning crash into a stone retaining wall.
- Officer David Allen responded, observed bloodshot/glassy eyes, slow/lethargic speech, odor of alcohol, and the defendant admitted drinking "a couple of drinks" around 11:30 P.M. and could not account for the intervening time until the 6:15 A.M. encounter.
- Officer administered two field sobriety tests: walk‑and‑turn (stepped off line twice, arms raised to balance) and one‑legged stand (multiple failed attempts); officer arrested defendant for OUI based on observations and test performance.
- Defense challenged Commonwealth proof that defendant was under the influence; defendant cross‑examined the officer to highlight perceived sobriety during booking (officer testified defendant was cooperative, understandable, and required no assistance).
- Defense counsel referred in closing to a booking DVD allegedly showing non‑intoxication but never formally introduced the DVD into evidence at trial; the trial judge excluded consideration of the DVD and later denied motions for new trial.
- Defendant moved for a new trial claiming ineffective assistance of counsel for failing to admit the booking DVD and referring to it; the motion judge (who also presided at trial) found no Saferian prejudice and denied relief; this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel for failing to introduce booking DVD | Counsel's omission deprived Pereira of evidence tending to show sobriety at booking and prejudiced the defense | Failure to introduce the DVD was (at best) an oversight that prejudiced Pereira because the video would have contradicted arrest observations | Denial affirmed: Pereira failed Saferian prongs; no showing that counsel's omission likely produced a different outcome |
Key Cases Cited
- Commonwealth v. Saferian, 366 Mass. 89 (1974) (establishes two‑prong test for ineffective assistance: deficient performance and resulting prejudice)
- Commonwealth v. Satterfield, 373 Mass. 109 (1977) (requires some showing that better counsel work might have produced material benefit)
- Commonwealth v. DiBenedetto, 475 Mass. 429 (2016) (trial judge's factual findings afforded special deference)
- Commonwealth v. Duart, 477 Mass. 630 (2017) (standard of review for denial of new trial is abuse of discretion)
- Commonwealth v. Gallagher, 91 Mass. App. Ct. 385 (2017) (Commonwealth need not prove drunkenness, only that alcohol diminished ability to operate vehicle safely)