Commonwealth v. William Lopez.
23-P-0373
Mass. App. Ct.Mar 21, 2025Background
- The case involves the conviction of William Lopez by a Massachusetts Superior Court jury for offenses following a police chase and struggle.
- Lopez was acquitted by the jury on charges of attempting to disarm a police officer, but convicted on the lesser offense of assault and battery on a police officer, as well as several driving-related charges he conceded.
- On appeal, Lopez challenged the prosecutor’s conduct and the trial judge’s jury instructions, all related only to the acquitted charges of attempting to disarm the officer.
- The appellate panel found that any alleged errors were harmless to Lopez because he was acquitted on those charges and convicted only on lesser included offenses consistent with his defense at trial.
- The court found no prosecutorial misconduct or legal error in the judge’s instructions and affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct (open/close) | Prosecutor’s statements were inflammatory and referenced facts not in evidence | Prosecutor’s opening/closing were proper and tied to admissible evidence | No misconduct; arguments were within proper bounds |
| Improper expert/witness testimony | Testimony from trooper and ballistician improperly generalized guilt | Testimony was within personal knowledge or proper expert testimony | No error; evidence properly admitted |
| Failure to give Bowden instruction | Judge erred by not instructing jury re: inadequate police investigation | Instruction was discretionary, not mandatory | No error; Bowden instruction not required |
| Jury instruction on intent distinctions | Judge failed to instruct on separate intent for the offenses | Instructions sufficiently covered requisite intent | No error; instructions were sufficient |
Key Cases Cited
- Commonwealth v. Bowden, 379 Mass. 472 (failure to give a Bowden instruction is never required)
- Commonwealth v. Williams, 439 Mass. 678 (discretionary nature of certain jury instructions)
- Commonwealth v. Kapaia, 490 Mass. 787 (purpose and bounds of opening statements)
- Commonwealth v. Gunter, 427 Mass. 259 (sufficiency of intent instructions in criminal cases)