Commonwealth v. Wadlington
467 Mass. 192
Mass.2014Background
- Defendant convicted of first-degree murder under deliberate premeditation, extreme atrocity/cruelty, and felony-murder theories for the 2005 killing of Rudolph Santos in New Bedford.
- Plan to rob a drug dealer on Christmas Eve 2005 involved Fields and Cole; defendant retrieved a sawed-off rifle and clothing, then assisted in the burglary-turned-violent assault.
- Busby was attacked in a Brockton/New Bedford apartment, suffering multiple stab wounds and gunshot; victim died, Busby survived and testified.
- Fingerprints and DNA found at the scene linked the defendant to the crime; palm print on cellar wall and DNA on cellar stairs and car door matched the defendant.
- Fields testified against the defendant under a plea deal; Fields recanted a prior account, later proffered testimony; Morales corroborated the defendant’s lack of presence at the scene.
- Defendant moved to suppress statements from a January 2006 interview; trial court allowed some portions and suppression was partial; numerous other challenges followed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| suppression of statements during prearrest interview | Fields | Fields recanted; Miranda rights misinformed | No suppression of redacted videotape; voluntary before silence invoked |
| disclosure of Fields's recanted statement | Prosecutor timely disclosed recantation | Late disclosure prejudiced defense | No prejudice; timely disclosure allowed effective cross-examination |
| fruits of search of girlfriend’s home | Recanted Fields info supported probable cause | Affiant knew false info | Probable cause supported by other evidence; recantation did not affect warrant validity |
| fingerprint testimony and credibility | ACE-V foundation sufficiently reliable | Lack of explicit statistical validity | Admission proper; caution on certainty; no reversible error |
| unanimity and felony-murder instruction | Need unanimity on underlying felonies for felony-murder | Unanimity instruction missing | No prejudice; separate convictions for armed robbery and armed home invasion established unanimity; inherent-danger instruction proper |
Key Cases Cited
- Commonwealth v. Gambora, 457 Mass. 715 (Mass. 2010) (fingerprint identification admissibility and ACE-V guidance (contextual))
- Commonwealth v. Nine Hundred & Ninety Dollars, 383 Mass. 764 (Mass. 1981) (Franks-like considerations; informant errors in search warrant affidavits)
- Commonwealth v. Silanskas, 433 Mass. 678 (Mass. 2011) (fifth Miranda warning not required; misstatement may affect voluntariness)
- Commonwealth v. Novo, 442 Mass. 262 (Mass. 2004) (fifth Miranda warning warning language analyzed)
- Commonwealth v. Levia, 385 Mass. 345 (Mass. 1982) (unanimity in multi-victim robbery cases; continuing course of conduct)
- Commonwealth v. Bourgeois, 404 Mass. 61 (Mass. 1989) (inherently dangerous felonies and felony-murder doctrine)