Commonwealth v. St. Peter2/2/2000
Barnstable. June 8, 1999.
Constitutional Law, Admissions and confessions, Waiver of constitutional rights, Assistance of counsel. Practice, Criminal , Admissions and confessions, Waiver, Voluntariness of statement, Assistance of counsel, Instructions to jury. Waiver. Intoxication. Evidence, Photograph, Inflammatory evidence, Judicial discretion.
Indictments found and returned in the Superior Court Department on October 26, 1993.
A pretrial motion to suppress evidence was heard by Gerald F. O'Neill, Jr., J., and the cases were tried before him.
The defendant was convicted by a jury in the Superior Court of manslaughter, G. L. c. 265, Sect. 13, and assault and battery, G. L. c. 265, Sect. 13A, following the death of his girlfriend. He appeals, claiming error in (1) the denial of his motion to suppress four statements made to the police while he was in custody; (2) the admission in evidence of certain photographs taken at and after an autopsy performed on the victim; and (3) certain of the judge's instructions to the jury. We affirm the convictions.
We summarize the evidence presented at trial, reserving certain details for our discussion of the claimed errors.
During the late evening hours of August 22, 1993, and the early morning hours of August 23, 1993, the defendant consumed a considerable amount of alcohol and painkilling medication, in preparation for, and in amelioration of, the pain attendant on self-extraction of his diseased tooth. He extracted the tooth in the early morning of August 23, suffering pain, bleeding, and swelling. The resulting effects of the alcohol, medication, and extraction caused him to miss his work assignment on the 6 A.M. sailing of the Captain Bob, his brother's charter fishing boat. By early afternoon, feeling somewhat better but not yet ready to work, the defendant persuaded his brother to permit him to join the afternoon sailing to relax and recuperate. He boarded the boat along with twenty paying passengers and the victim. He and the victim repaired to a small compartment below deck in the forward area of the boat. During the next few hours, as the boat moved from one fishing spot to another, several passengers and one of the crew heard the defendant and the victim arguing violently (the quarrel was about the victim's having spent the prior night at a bar drinking). They also saw the defendant strike the victim more than once. The victim stayed on the deck momentarily and then returned to the forward compartment. More arguing and thuds were heard. These stopped after a time, and, following a period of quiet, the defendant came on deck, reporting to his brother that the victim had suffered a heart attack. He stated that, despite his efforts to revive her with water and CPR, she was dead. The boat returned to port, where members of the police and fire department were waiting. After removal of the body, the police talked with the passengers and crew, including the defendant. The defendant volunteered that the victim, upon returning to the compartment, had slipped on the companionway ladder, fallen into the compartment, and become unconscious. His efforts at revival proving futile, he had then reported the incident to his brother. The police did not question the defendant at this time. About an hour after the boat docked, the police determined that there was an outstanding three year old warrant for the defendant's arrest on a complaint for driving while under the influence (DUI). The police arrested the defendant on the warrant, and he was transported to the Barnstable police station, where he was booked. At the arrest and again at booking, he was advised of his rights, including the warnings prescribed in M
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