Commonwealth v. Rosario
988 N.E.2d 456
Mass. App. Ct.2013Background
- Rosario was charged with armed assault with intent to murder and related offenses for a stabbing of Alvarado.
- Rosario and Alvarado had a long-standing acrimonious relationship; Perez, the mother of Alvarado’s children, sought Rosario’s protection from Alvarado who abused her.
- Rosario confronted Alvarado in the Hall of Justice; this led to additional charges of intimidation of a witness and threat to commit murder.
- At trial, Rosario claimed self-defense; he was acquitted of most charges but convicted of intimidation of a witness.
- The Commonwealth argued Rosario intended to interfere with Alvarado’s testimony; Rosario contends there was insufficient proof of such intent.
- Key incident: Rosario gestured with two fingers to his temple and a thumb, mimicking a gun and saying, in Spanish, that Alvarado would die.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient intent to intimidate a witness | Rosario contends no intent to interfere with testimony | Rosario argues the evidence shows revenge, not testimony interference | Yes; evidence supported intent to interfere |
Key Cases Cited
- Commonwealth v. Latimore, 378 Mass. 671 (Mass. 1979) (circumstantial evidence permitted to prove intent)
- Commonwealth v. Pope, 406 Mass. 581 (Mass. 1990) (standard for sufficiency of evidence to convict)
- Commonwealth v. Clary, 388 Mass. 583 (Mass. 1983) (instruction on reasonable inferences from established circumstances)
- Commonwealth v. Riley, 73 Mass. App. Ct. 721 (Mass. App. Ct. 2009) (circumstantial evidence admissible to prove intent)
- Commonwealth v. Merola, 405 Mass. 529 (Mass. 1989) (circumstantial evidence may prove guilt beyond reasonable doubt)
- Commonwealth v. Beckett, 373 Mass. 329 (Mass. 1977) (inference need only be reasonable and possible)
- Commonwealth v. McCreary, 45 Mass. App. Ct. 797 (Mass. App. Ct. 1998) (timing and proximity important to intimidation inquiry)
- Commonwealth v. Robinson, 444 Mass. 102 (Mass. 2005) (contact near the witness function supports inference of intimidation)
- Commonwealth v. Lao, 443 Mass. 770 (Mass. 2005) (multiple reasonable inferences permitted to satisfy proof)
- Commonwealth v. Pagels, 69 Mass. App. Ct. 607 (Mass. App. Ct. 2007) (time and circumstances bolster conclusion of intimidation)
- Commonwealth v. Cathy C., 64 Mass. App. Ct. 471 (Mass. App. Ct. 2005) (close nexus required between conduct and discharge of witness duties)