439 Mass. 84 | Mass. | 2003
The defendant, Brian J. Gaboriault, was tried
A. Facts.
We recite the facts in the light most favorable to the Commonwealth, reserving certain details for discussion in conjunction with the issues raised. The facts of the defendant’s brutal murders of eighteen year old Jennifer Pike (victim) and their infant son are largely undisputed. At the time of the murder, the defendant resided with the victims and his mother in an apartment in Fairhaven. The victim had begun dating the defendant two years earlier and had been living with the defendant for about one year. Their relationship was marked by the defendant’s possessive and controlling behavior, and culminated in the victims’ leaving the apartment in the days preceding the murders.
On July 6, 1996, while the defendant was at work, the victim took their baby and moved out of the apartment. The move was precipitated by increasingly disturbing behavior and threats by
Around 9 p.m., the defendant, his mother, and the victims returned to the apartment. Shortly thereafter, the victim told the defendant that, “[f]or the short time they were apart she felt like she was out of prison.” Prior to returning home, the defendant had taken a large knife, wrapped it in a shirt, and placed it underneath a chair. During his confession to police, he explained that it was his plan “to take their lives” once they returned to the house.
While his mother was outside talking with a neighbor, the defendant began to stab the victim viciously. His mother heard the victim’s screams, rushed in to find her being stabbed, and heard her say, “I’m dying. You’re killing me.” The defendant’s mother proceeded to run out of the apartment and yell for someone to dial 911. After stabbing the victim seventeen times, the defendant left the room, and approached his baby lying on a bed in another room. He proceeded to stab the eight week old infant twice, the second time with such force that the knife remained lodged in the infant, impaling him to the bed.
After removing his socks so as not to leave a bloody trail, the
B. Discussion.
1. Miranda warnings. The defendant first claims that the Miranda warnings were rendered inadequate by Detective Souza’s description of them as a “formality.” He claims that this word undercut the purpose of the rights, and relegated them to a mere preliminary ritual, devoid of substance or meaning. Additionally, the defendant claims that the word “formality” rendered the subsequent recitation in the second interrogation room invalid as well, as it created a notion in the defendant’s mind that the rights were void of significance. We disagree.
In reviewing a judge’s determination regarding a valid waiver of Miranda rights and voluntariness, we “accept[] the judge’s
The judge found that immediately prior to the second recitation of the Miranda warnings to the defendant, Detective Souza indicated that the rights were a “formality.”
Additionally, and closely related to the preceding claim of er
While making extremely thorough and well-reasoned findings, the judge carefully considered the totality of the evidence and concluded the defendant’s waiver was voluntary, knowing, and intelligent. Based on the videotape recording of the defendant before, during, and after his statement, and also on witness testimony, the judge found that the defendant was coherent and not under the influence of any drug or alcohol. The judge also found that the defendant was given his Miranda warnings three times, that there was no evidence of coercion or trickery on behalf of the officers, and finally, that there was no evidence of inappropriate or inordinate psychological pressure. Additionally, the judge found that although the defendant had a somewhat below average intelligence,
a. Withdrawal of a defense of lack of criminal responsibility. The defendant now claims, in essence, that he was denied a meaningful defense because trial counsel abandoned a McHoul defense. Commonwealth v. McHoul, 352 Mass. 544 (1967).
Once it was determined by the defendant’s own witness that he would not meet the two-pronged McHoul test, an alternative strategy for counsel was to pursue a claim of diminished capacity. Trial counsel attempted to show that the defendant had a diminished mental capacity at the time he stabbed the victims, thereby “render[ing] him unable either to form the specific intent to kill or to premeditate.” Commonwealth v. Laurore, 437 Mass. 65, 70 (2002). See Commonwealth v. Gould, 380 Mass. 672, 683 (1980). While there is no diminished capacity defense in Massachusetts, the Gould case stands for the proposition that the defense may produce psychiatric evidence that would allow a jury to consider whether the defendant lacked the mental capacity to premeditate the killing. Id. See Commonwealth v. Hardy, 426 Mass. 725, 730 (1998); Commonwealth v. Parker, 420 Mass. 242, 245 n.3 (1995) (there is no “diminished capacity” defense in Commonwealth); Commonwealth v. Grey, 399 Mass. 469, 470 n.2 (1987).
Moreover, malice is a necessary element of both murder in the first and second degrees, and “[mjalice is established by proof beyond a reasonable doubt that the defendant specifically intended either to kill the alleged victim or to cause grievous bodily harm.” Commonwealth v. Azar, 435 Mass. 675, 681-682 (2002). Malice may also be inferred “if, in the circumstances known to the defendant, a reasonably prudent person would
b. Failure to retain a sleep deprivation expert. The defendant now alleges that trial counsel was aware that the defendant had gone without sleep in the days leading up to the crime, and has submitted an affidavit from an expert on sleep disorders (Dr. John Christian Gillin) regarding the potential effects of sleep deprivation on the actions of the defendant. Based solely on information provided by appellate counsel, Dr. Gillin concluded that Dr. Whaley did not adequately consider sleep deprivation and thus rendered his analysis “substandard and unreliable.”
Despite the fact that there was testimony from the defendant’s mother regarding his lack of sleep preceding the murders, none of the experts retained by trial counsel recognized sleep deprivation as a viable tool that would help the defendant at trial. The judge found that counsel was not ineffective for “failing to recognize the defendant’s lack of sleep as a critical issue,” when his own experts did not do so. In fact, although it is not
There was also evidence available to rebut the claim that the defendant suffered from sleep deprivation at the time of the murders. The videotape recording of the interrogation revealed the defendant was able to recount the killings in detail and clarity. A friend testified that he and the defendant lifted weights the morning of the killings and that the defendant appeared to be behaving normally. The defendant also appeared normal to the father of another friend immediately after the killings, as he sat and drank a glass of juice with him.
c. Failure to seek an opinion on criminal responsibility from Dr. Lesniak. The defendant also alleges that his trial counsel was ineffective for failing to elicit an expert opinion from Dr. Lesniak regarding his assessment of the defendant’s criminal responsibility. Dr. Lesniak was hired by the defense on the advice of Dr. Whaley to assess the defendant’s brain functioning through the interpretation of neuropsychological testing. Dr. Whaley was particularly interested in what the tests would reveal about the defendant’s intellectual capacity, capacity to solve problems, and ability to control impulses. Dr. Whaley viewed Dr. Lesniak’s role as limited, because he was not going to be provided with all of the information relevant to determine whether the defendant was criminally responsible at the time of
At the time of trial, Dr. Lesniak had never conducted a criminal responsibility examination, nor had he testified at a murder trial. We agree with the judge that given the limited scope of Dr. Lesniak’s purpose for the defense, and given that Dr. Whaley was the primary defense expert on criminal responsibility, it was not a manifestly unreasonable decision for trial counsel not to review the ultimate finding of criminal responsibility with Dr. Lesniak. Thus, we agree with the motion judge that it is unnecessary to determine whether Dr. Lesniak even would have been qualified to issue such an opinion at trial.
d. Right to appear at trial in an unmedicated state.
Finally, the defendant claims that the blunting effect of his “daily pharmacological cocktail” denied him of his right to appear unmedicated in front of the jury. It is well established that the jury may consider the defendant’s court room demeanor when the defendant’s sanity is at issue at trial. See Commonwealth v. Smiledge, 419 Mass. 156, 160 (1994); Commonwealth v. Louraine, 390 Mass. 28, 34 (1983). The rationale is that, if “the defendant appears calm and controlled at trial, the jury may well discount any testimony that the defendant lacked, at the time of the crime, substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.” Commonwealth v. Louraine, supra at 34-35. That right, however, is not unrestricted, and should be reviewed on a case-by-case basis. See Commonwealth v. Gurney, 413 Mass. 97, 103 (1992). In some cases, the defendant’s demeanor in an unmedicated state may not be relevant. Id.
C. G. L. c. 278, § 33E, review.
After a review of the entire record, we conclude the verdicts of murder in the first degree are supported by the evidence. We therefore decline to order a new trial or reduce the defendant’s degree of guilt.
Judgments affirmed.
Order denying motion for a new trial affirmed.
Tn November or December of 1995, the defendant hit the then-pregnant victim across the face during an argument. In June of 1996, he told her that if she left, he would kill her. Two weeks before the murders, the victim telephoned a friend and asked for a ride. The defendant grabbed the telephone and told the friend that if she came over to give the victim a ride, he would “fuck [her] up.” Later, he told the same young woman that sometimes he felt like killing the victim. Finally, on July 5, the defendant became angry when the victim wore a bikini.
The defendant later confessed that he stabbed the baby because he did not want him to grow up in foster care without his parents.
According to the defendant, he made his way to the roof of a building that would allow him access to a radio tower. His plan was to climb the tower and then jump off. He could not, however, bring himself to do it.
At the hearing on the defendant’s motion to suppress, Detective Souza testified that he had questioned and arrested the defendant on previous occasions, and that the defendant had indicated to Lieutenant Joseph that he would feel more comfortable speaking with Detective Souza, given their past contact.
In making this finding, the judge relied on a videotape of the booking procedure that came to light just before trial. In making the rest of his findings, the judge heard testimony from Detective Souza and other officers, and scrutinized the videotape of the interrogation.
The defendant previously had been arrested by Detective Souza, thus further indicating his knowledge of the Miranda warnings from at least one other occasion. See note 4, supra.
Neuropsychological testing by the defense expert demonstrated that the defendant’s I.Q. fell in the low average range, while on previous occasions the defendant had tested in the average range. On cross-examination, the defense expert conceded that depression could decrease an individual’s I.Q score on the standardized test.
There is no substantial evidence presented that the defendant and Detective Souza had any relationship other than that of a police officer and suspect.
Commonwealth v. McHoul, 352 Mass. 544, 546-547 (1967), states that in order to constitute a defense, the defendant must have had a mental disease or defect that deprived him of the substantial capacity to appreciate the criminality of his actions or conform his conduct to the requirements of law.
Trial counsel had no choice. In addition to the confession, there would be undeniable evidence presented that the defendant killed the victims; his own mother was going to testify that she walked into the room and saw the defendant stabbing the defenseless victim.
The defendant suggests that, because trial counsel knew prior to trial that his expert witness would not be able to render testimony concerning lack of
In his brief, the defendant claims that trial counsel’s diminished capacity strategy provided no defense to murder in the second degree. Because the jury convicted him of murder in the first degree by both premeditation and extreme cruelty and atrocity, the merit of this argument is largely irrelevant, as the jury’s finding of premeditated murder in the first degree demonstrates that they believed that the defendant had the specific intent to kill. This court has previously stated, however, that a defendant’s mental impairment is relevant to intent and knowledge. See Commonwealth v. Sires, 413 Mass. 292, 299 (1992); Commonwealth v. Sama, 411 Mass. 293, 297-298 (1991) (evidence of intoxication bears on knowledge requirement of third prong of malice). Thus trial counsel’s strategy to focus on the defendant’s mental impairment did not concede his guilt of murder in the second degree.
Under G. L. c. 278, § 33E, we review the entire record, and it is appropriate to mention parts of the judge’s jury instructions. The judge did not repeat his proper instruction regarding mental impairment in conjunction with his charge on murder in the second degree and merely summarized the elements of the three prongs of malice. There was no substantial likelihood of a miscarriage of justice, especially where the jury convicted the defendant of murder in the first degree. Finally, the judge instructed the jury on the first two prongs of malice during his charge on deliberate premeditation. This is error, as only a finding of the first prong of malice may warrant a return of premeditated murder in the first degree. Commonwealth v. Simpson, 434 Mass. 570, 588 (2001). We have consistently held, however, that this error may be cured by a proper instruction on premeditation “insofar as it emphasized that the jury must specifically find an ‘intent to kill’ in order for them to convict.” Commonwealth v. LaCava, 438 Mass. 708, 717 n.9 (2003). The judge did in fact instruct the jury regarding premeditation, that the defendant must have made a
Although none of these facts forecloses the applicability of a sleep expert’s testimony on the effects of sleep deprivation, we must review trial counsel’s decision on the facts available at the time of the trial. Cf. Commonwealth v. Johnson, 374 Mass. 453, 465 (1978).
The doctor’s instructions were for administration of the medication as needed. The defendant testified at the hearing on the motion for a new trial that the medication was usually brought to him, he never refused it, and if it was not brought to him, he would request it.