 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Commonwealth v. Lopes1/22/2004
Barnstable.
December 5, 2003
Jury and Jurors. Practice, Criminal , Empanelment of jury, Voir dire, Instructions to jury, Capital case. Homicide. Self-Defense.
A jury in the Superior Court convicted the defendant of murder in the first degree by reason of deliberate premeditation. Represented by new counsel, the defendant now argues that a new trial is required because the judge (1) refused to pose a collective question to the venire as to whether they, or a family member, had ever been a victim of a violent crime , and (2) failed to instruct the jury, sua sponte, on the use of non-deadly force in self-defense. We reject these arguments. We also conclude that there is no basis to exercise our power pursuant to G. L. c. 278, § 33E, to order a new trial or reduce the defendant's murder conviction to a lesser degree of guilt. Accordingly, we affirm the defendant's conviction.
The Commonwealth presented evidence at trial that permitted the jury to find the following facts. On the evening of December 9, 2000, the defendant and Deborah Pitts met outside a homeless shelter. At approximately 8 P.M., after collecting and cashing a check for $500 (payment for work the defendant had contracted to perform on Martha's Vineyard), the two checked into room 37 of the American Host Motel (motel) in Yarmouth. The defendant paid for the room for a week in advance with $200 in cash.
In the motel room, the defendant and Pitts talked, drank, engaged in consensual sexual intercourse, and fell sleep. Pitts awoke early the next morning and began drinking. The defendant wanted to have sex again, but Pitts refused and was able to calm the defendant when he became aggressive. Pitts fell back asleep and did not hear the defendant leave the room.
At approximately 1 or 1:30 P.M. on December 10, 2000, the defendant entered a liquor store, accompanied by the victim, David Bortnik. The defendant appeared to have been drinking but was not noticeably intoxicated. While the victim shopped, the defendant told the store clerk that he had paid for a motel room as a Christmas present for the victim. The defendant also stated that he was going to buy the victim "pretty much what he wanted" so that he (the victim) would not have to bother "rolling old people." The defendant told the store clerk, however, that, if the victim tried to rob him, that he (the defendant) would kill him. The defendant and the victim both laughed, and the store clerk did not perceive the statement as a threat. The defendant purchased vodka and beer. As the two men left the liquor store, the defendant reminded the victim that he would kill him if he "went after" the defendant's money. The victim just laughed.
The defendant and the victim returned to the motel and told the desk clerk that they had been locked out of the defendant's room. The desk clerk, accompanied by the two men, knocked on the door to room 37 and, after Pitts opened the door, returned to the motel office. The defendant, the victim, and Pitts (who was a friend of the victim) began drinking. The defendant, who had initially been angry at Pitts for not letting him into the room, now appeared to be in a good mood. The defendant and the victim hugged each other and called each other "brother." The victim giggled and laughed and, according to Pitts, was his "happy-go-lucky self."
As the afternoon wore on, interaction between the defendant and the victim became testy. The defendant eventually fell asleep. Pitts then reached into his pockets. She removed his wallet and then $115. Placing the wallet (which had contained no money) on the bed, and urging the victim to join her, Pitts left the room with the $115. The victim
Page 1 2 3 4 5 Massachusetts DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|