Commonwealth v. Sanchez
79 Mass. App. Ct. 189
Mass. App. Ct.2011Background
- Portillo confronted the defendant and his aunt with a bat in the defendant’s neighborhood on May 21, 2005; the defendant shot Portillo twice, killing him the next day.
- Defendant admitted shooting Portillo but claimed self-defense and defense of his aunt who intervened in the fight.
- Aunt Theresa Cordero intervened between the men and urged the defendant to leave; Portillo advanced with the bat.
- During jury empanelment the Commonwealth used numerous peremptory challenges to exclude several White and minority jurors, including an African‑American young man (juror 261).
- The judge overruled objections to the pattern of challenges and later ruled no prima facie showing of discrimination had been established; trial proceeded with self-defense and defense of another jury instructions.
- The jury received multiple rounds of instructions, and the judge ultimately instructed on self-defense and defense of another, including an original aggressor rule adjustment; verdicts of murder in the second degree and unlawful possession of a firearm were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the peremptory challenges violated equal protection laws | Soares-based pattern shown; challenges targeted African American young men | No pattern; age and race not properly grouped; sufficient seated minorities | No prima facie showing; challenged juror group not a protected discrete class; no error |
| Whether the original aggressor rule applied to defense of another was properly instructed | Original aggressor rule should be applicable and explicitly excluded defense of another | Rule may be inapplicable; instruction adequate as whole | Not prejudicial; instructions adequately conveyed the defense of another without misapprehension |
Key Cases Cited
- Commonwealth v. Maldonado, 439 Mass. 460 (2003) (establishing pattern and group-neutral shift of burden)
- Commonwealth v. Le-Clair, 429 Mass. 313 (1999) (trial judge's discretion; do not substitute judgment if supported by record)
- Commonwealth v. Soares, 377 Mass. 461 (1979) (pattern of excluding a discrete group; burden shift for group-neutral justification)
- Commonwealth v. Rodriguez, 457 Mass. 461 (2010) (concerns about race-based challenges; discrete group concepts)
- Commonwealth v. Benoit, 452 Mass. 212 (2008) (equal protection and peremptory challenges; discussion of approach)