50 N.E.3d 453
Mass. App. Ct.2016Background
- Defendant (Ricky Thomas) was convicted after a bench trial of aggravated rape; acquitted of kidnapping and assault with intent to rape. Motion for new trial denied. Appeal followed.
- Victim voluntarily went with defendant to his second-floor apartment to smoke crack; shortly after arrival defendant was naked, demanded oral sex, choked her, and forced her to perform oral sex.
- Victim attempted to escape through a second-floor window; defendant grabbed her, she fell out the window suffering a concussion, broken wrist, vertebrae fractures, broken toe, and other injuries; taken to hospital where cocaine was found in her system.
- Police found physical evidence beneath the apartment window (disturbed dirt, dried blood, bent/missing screen). Victim identified defendant in photo array and at trial.
- Defendant sought to cross-examine/impeach victim with prior prostitution-related convictions; trial judge excluded that evidence under the rape-shield statute but allowed impeachment with a false-name conviction (which was not used). Defendant later claimed ineffective assistance for not calling an additional impeachment witness (James Bradley).
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Thomas) | Held |
|---|---|---|---|
| Admissibility of victim's prior prostitution convictions under rape-shield | Prior convictions irrelevant to core charge; exclude to avoid prejudice and humiliation | Convictions show why victim was at apartment and motive to fabricate; impeachment of credibility | Trial judge did not abuse discretion; rape-shield exclusion proper and no constitutional violation shown |
| Sufficiency of aggravating circumstance for aggravated rape | Aggravating acts need not be used to facilitate intercourse; injuries sustained during same criminal episode suffice | Only simple rape proven; injuries not inflicted by defendant or not sufficiently related | Evidence supported finding that serious bodily injury occurred during the continuous episode of the rape; aggravated rape conviction affirmed |
| Use of prior conviction for impeachment (false-name) | Permitted impeachment method under general rules | Wanted to use prostitution convictions instead | Judge correctly allowed false-name conviction as potentially admissible; prostitution evidence excluded under G. L. c. 233, § 21B |
| Denial of hearing on motion for new trial (ineffective assistance for not calling Bradley) | No substantial issue; denial proper without hearing | Counsel ineffective for failing to call Bradley whose affidavit would have impeached victim | Denial affirmed: trial judge reasonably found failure to call Bradley was strategic, impeachment would be cumulative, and claim did not raise a substantial issue |
Key Cases Cited
- Commonwealth v. McCourt, 438 Mass. 486 (discusses nexus required between rape and serious bodily injury for aggravated rape)
- Commonwealth v. Harris, 443 Mass. 714 (addresses prejudicial effect and rape-shield considerations when admitting sexual-offense convictions)
- Commonwealth v. Houston, 430 Mass. 616 (admissibility of prior sexual conduct to show bias or motive to lie)
- Commonwealth v. McGhee, 472 Mass. 405 (trial judge's broad discretion over cross-examination scope)
- Commonwealth v. Bart B., 424 Mass. 911 (failure to impeach normally not prejudicial; not ineffective assistance per se)
- Commonwealth v. Fisher, 433 Mass. 340 (deference to counsel's impeachment strategy; difficulty of proving ineffective assistance based on omitted impeachment)