442 Mass. 1002 | Mass. | 2004
The defendants were tried together, and each was convicted of unlawful distribution of cocaine in violation of G. L. c. 94C, § 32A, and distribution of cocaine within 1,000 feet of a school in violation of G. L. c. 94C, § 32J. The Appeals Court reversed their convictions, concluding that “the repeated improper use of [Tony Martin’s] alias resulted in a substantial risk of a miscarriage of justice.” Commonwealth v. Martin, 57 Mass. App. Ct. 272, 275 (2003). We granted the Commonwealth’s application for further appellate review. We reverse the convictions.
The Commonwealth’s introduction and repeated use of the alias evidence in this case requires reversal.
The Commonwealth contends that the Appeals Court’s decision effectively establishes an absolute prohibition on the use of alias evidence to impeach a testifying defendant. A careful reading of the decision assures us that this is not the case. We need not reiterate either the Appeals Court’s recitation of the facts or its analysis. It suffices to say that, in the circumstances, the repeated references to Martin’s prior use of an alias before and during the Commonwealth’s case-in-chief (compounded by further references in the Commonwealth’s rebuttal case and closing argument) constituted a gratuitous, improper, and prejudicial attack on the defendant’s character and credibility. The defendant had not put his character or reputation, or his use of an alias, at issue. See Commonwealth v. McClendon, supra. Moreover, the Commonwealth’s use of the evidence was not cumulative of other properly admitted evidence. See Commonwealth v. Carter, supra at 514-515.
While recognizing that evidence of alias may be admitted in appropriate circumstances, we agree with the reasoning of the Appeals Court and the result reached in these particular cases. Like the Appeals Court, in these circumstances “we have a serious doubt whether the result of the trial might have been different had the error not been made.” Commonwealth v. LeFave, 430 Mass. 169, 174 (1999).
The judgments are reversed and the cases remanded for a new trial.
So ordered.
For the reasons stated by the Appeals Court, we agree that Strickland’s convictions also must be set aside. Commonwealth v. Martin, 57 Mass. App. Ct. 272, 276-277 (2003).