Commonwealth v. Whitaker
460 Mass. 409
| Mass. | 2011Background
- Victim Kelsea Owens, sixteen, found dead from brutal head injuries in defendant’s yard; defendant convicted of first-degree murder on deliberate premeditation and extreme atrocity or cruelty theories.
- Defense moved to reduce verdict; trial court denied; defendant appeals challenging sufficiency of evidence and §33E relief.
- Medical and forensic evidence showed multiple severe head blows, use of hammer and other weapons, drag marks, and extensive post-crime manipulation of the scene.
- DNA on jeans tied to victim and defendant’s shoe prints and blood evidence linking defendant to scene.
- Defendant repeatedly claimed Messier—an external person—attacked the victim; confession and later statements were obtained; fingerprint evidence and hearsay issues arose at trial.
- Court reviews sufficiency of evidence for both first-degree theories and §33E relief, and addresses evidentiary errors and harmlessness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for extreme atrocity or cruelty | Owens (prosecution) asserts Cunneen factors met; multiple blows show cruelty. | McNerne y-type analysis suggests insufficient cruelty timing or causation. | Sufficient evidence supported extreme atrocity or cruelty |
| Sufficiency of evidence for deliberate premeditation | Evidence shows planning to be alone with victim and killing after reflection. | No motive or clear reflection period; possible instantaneous act. | Sufficient evidence supported deliberate premeditation |
| G. L. c. 278, § 33E relief | Evidence of abuse and mental health to justify reduced verdict. | Mental illness not intertwined with killing; miscarriage of justice unlikely. | No miscarriage of justice; §33E relief denied |
| Hearsay and confrontation errors | Fingerprint verification testimony should be admitted as part of the case. | Non-testifying experts’ conclusions are inadmissible hearsay; confrontation violation. | Error harmless beyond a reasonable doubt; no miscarriage of justice |
| Admissibility of dispatcher hearsay | Dispatcher report corroborates emergency scenario. | Hearsay; not testimonial; prejudicial risk. | Admissible as non-testimonial; no substantial miscarriage of justice |
Key Cases Cited
- Commonwealth v. Cunneen, 389 Mass. 216 (Mass. 1983) (sets Cunneen factors for extreme atrocity or cruelty)
- Commonwealth v. Linton, 456 Mass. 534 (Mass. 2010) (Cunneen factor application guidance)
- Commonwealth v. Boateng, 438 Mass. 498 (Mass. 2003) (relevance of multiple blows in determining cruelty)
- Commonwealth v. Eugene, 438 Mass. 343 (Mass. 2003) (multiple injuries and brutality as basis for first-degree murder)
- Commonwealth v. Davis, 403 Mass. 575 (Mass. 1988) (premeditation may be inferred from the attack’s nature and duration)
- Commonwealth v. Sylvia, 456 Mass. 182 (Mass. 2010) (premeditation need not be motive-based; reflection possible in short time)
- Commonwealth v. Zagrodny, 443 Mass. 93 (Mass. 2004) (no § 33E relief for mental illness alone)
- Commonwealth v. Gambora, 457 Mass. 715 (Mass. 2010) (avoid absolute certainty in fingerprint individualization)
- Commonwealth v. Barbosa, 457 Mass. 773 (Mass. 2010) (non-testifying expert opinions as hearsay when testimonial)
- Davis v. Washington, 547 U.S. 813 (U.S. 2006) (hearsay admissibility and testimonial status of dispatcher statements)