Commonwealth v. Renaud
81 Mass. App. Ct. 261
Mass. App. Ct.2012Background
- After a jury-waived trial in District Court, the defendant Ronald Renaud was convicted of malicious destruction of property, breaking and entering in the daytime, and larceny over $250.
- An EBT card bearing the defendant’s name was found on the living-room floor of the burglarized home, taped in three pieces.
- Owners did not recognize the defendant; a police officer knew his name and that he had recently resided in Falmouth; a detective later recognized the defendant’s voice.
- The card was found, and the detective told the defendant that someone had found it; the defendant said he would have to go home to check and did not retrieve the card.
- The convictions were based largely on the EBT card alone; the record discussed the defendant’s proximity and prior possession but did not show he possessed the card during the crime; the court held the evidence insufficient to prove identity beyond a reasonable doubt.
- The court reversed, set aside the verdicts, and entered judgments for the defendant; the decision cites that ownership of a card does not establish possession during the crime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the EBT card evidence sufficient to identify the defendant as the perpetrator beyond a reasonable doubt? | Renaud’s card linked him to the scene and crime. | Ownership/possession of card cannot prove guilt beyond a reasonable doubt. | No; insufficient to prove identity beyond a reasonable doubt. |
| Does proximity to the crime and police knowledge alone support conviction? | Proximity and familiarity render the defendant capable of committing the crime. | These facts do not prove the actual commission of the crimes. | Insufficient to sustain the verdict beyond a reasonable doubt. |
Key Cases Cited
- Commonwealth v. Morris, 422 Mass. 254 (Mass. 1996) (fingerprint on mask not enough to identify beyond a reasonable doubt when not tied to the crime)
- Commonwealth v. Latimore, 378 Mass. 671 (Mass. 1979) (elements must be proven beyond a reasonable doubt; no conjecture as to essential elements)
- Commonwealth v. Kelley, 370 Mass. 147 (Mass. 1976) (review of denial of directed verdict; rights fixed when Commonwealth rests)
- Commonwealth v. Berry, 431 Mass. 326 (Mass. 2000) (procedural posture; timing of directed-verdict analysis matters)
- Commonwealth v. Mullane, 445 Mass. 702 (Mass. 2006) (requirement that evidence directly support each element; not just some probative value)
- Commonwealth v. Swafford, 441 Mass. 329 (Mass. 2004) (ownership alone cannot prove possession during the crime)
- Commonwealth v. Stuckich, 450 Mass. 449 (Mass. 2008) (consciousness of guilt not proven by mere information from police)
- Commonwealth v. Rivera, 460 Mass. 139 (Mass. 2011) (cite to practice and procedure in sufficiency analysis)