On December 16, 1994, a Suffolk County jury convicted seventy-three year old Pedro Arce of the murder in
The jury would have been warranted in finding the following facts. On March 11, 1967, the defendant and his sixteen year old son Hector, the victim’s stepson, came to Boston from New York. The victim, the defendant’s wife, was living in an apartment in the South End of Boston with their seven children. A young man named Renaldo admitted the defendant and Hector into the apartment. The defendant sent Renaldo to buy beer. The victim, Hector, the defendant, and two of their children were in the apartment. The defendant told the victim to get him some coffee. He followed her into the kitchen. Hector heard the victim say, “Hector, help me,” and then heard a shot. Hector entered the kitchen, saw the victim bleeding from her head, and the defendant, holding a gun, leaving the kitchen. The defendant left the apartment. Hector declined to leave with him and ran into the street to get help. He met Renaldo, returning with the beer. Renaldo testified that Hector, who appeared to be frightened, told him that “Pedo [Dad] ¿lied Ten [Hortensia].”
The case against the defendant was based on more than his son’s testimony concerning the shooting. The defendant confessed to the murder after he had been arrested and returned to Boston. There was evidence that the defendant abused the victim and knew that she was planning to divorce him. In a conversation with one of his daughters nine years after the murder, the defendant admitted that he had killed the victim.
The defendant testified and denied that he had told the police that he had shot his wife. He testified that he had never held a gun and did not know how to fire a revolver. He denied that he killed the victim.
1. The defendant challenges the admission of testimony describing his acts of violence against the victim. The victim’s sister, who had lived with the victim and the defendant, testified that, while they lived in Boston, the defendant had struck the victim and that the two were always fighting. She also testified that, when they were living in Puerto Rico, the defendant had struck the victim. Evidence of this hostile relationship was admissible to show the defendant’s motive to kill. Commonwealth v. Gil,
The Commonwealth concedes that the judge erred in admitting the testimony of the victim’s sister that the victim had told her that once the defendant had hit her in a clothing store. The judge admitted the evidence to show the state of mind of the victim and of the defendant, but this hearsay evidence was not admissible to prove state of mind, even if state of mind was a material issue. See Commonwealth v. Seabrooks,
By a postargument letter, the defendant contends that the judge improperly admitted hearsay evidence of the victim’s fear of the defendant, citing Commonwealth v. Cyr,
2. The defendant contends that the judge erred in not redact
3. The judge did not err in admitting as an excited utterance the statement Hector made to Renaldo when they met as Renaldo was returning with the beer. According to Renaldo, Hector, who was frightened, came running toward Renaldo and told him that the defendant had killed the victim. The judge did not abuse his discretion in admitting as an excited utterance Hector’s statement made minutes after the shooting as Hector, frightened, ran to get help. See Commonwealth v. Brown,
4. The judge excluded a question on direct examination of the defendant as to “[wjhat type of drug problems” Hector had in 1967. The defendant argued that Hector’s use of drugs would affect his capacity to recall events. If the use of drugs at the time of relevant events impaired a witness’s ability to perceive and remember, evidence of that impairment is admissible to attack the witness’s credibility. See Commonwealth v. Carrion,
5. There is no basis for granting a new trial or ordering a
Judgment affirmed.
