Com. v. Chandler, 89-P-1240

• Decision Date: 11 February 1991
• Docket Number: No. 89-P-1240,89-P-1240
• Citation: 29 Mass.App.Ct. 571,563 N.E.2d 235
• Parties: COMMONWEALTH v. Bradley W. CHANDLER.
• Court: Appeals Court of Massachusetts

Page 235

563 N.E.2d 235

29 Mass.App.Ct. 571

COMMONWEALTH v. Bradley W. CHANDLER.

No. 89-P-1240.

Appeals Court of Massachusetts,

Franklin.

Argued March 5, 1990.

Decided Dec. 3, 1990.

Further Appellate Review Denied

Feb. 11, 1991.

Wendy Sibbison, Greenfield, for defendant.

Ariane D. Vuono, Asst. Dist. Atty., for the Com.

Before ARMSTRONG, PERRETTA and SMITH, JJ.

SMITH, Justice.

On June 19, 1987, after a trial by jury, the defendant was found not guilty by reason of insanity of first degree murder, but guilty of unlawfully carrying a firearm, G.L. c. 269, § 10(a )(1). ¹ He appeals from that conviction on the grounds that (1) his suppression motions were erroneously denied; (2) the verdict slips were erroneously drawn; (3) the judge committed error in his jury instructions; and (4) the verdicts were inconsistent.

We summarize the evidence on which the jury could have based their verdict. On May 24, 1986, shortly after 1:00 A.M., the body of the victim was discovered in a parking lot in Greenfield. Two gunshot wounds from a black powder handgun were found to have caused his death. Two days later, the defendant told the police that he had killed the victim.

In his confession, the defendant stated that he had become acquainted with the victim while both were serving sentences at the Franklin County house of correction. On several occasions during that period, according to the defendant, the victim had threatened him and sexually assaulted him. Further, the victim had caused several other prisoners to beat the defendant by falsely accusing him of being a "snitch."

Both the victim and the defendant were eventually released from the house of correction. They did not see each other until the evening of May 23, 1986. That night, while the defendant was visiting several bars, he saw the victim standing on a street corner. He ignored the victim and resumed his drinking, but he began to brood about the victim's conduct towards him during their incarceration.

Subsequently, the defendant went home to get his two handguns, one a black powder pistol. He did not have a license to carry either gun. He returned downtown on his moped and proceeded to look for the victim. The defendant just wanted to "confront" the victim and he "wanted [his] gun there." At first, he could not find the victim, but, when the defendant went into a bar for a final beer, he saw him. The two engaged in conversation, and the victim brought up his old accusation that the defendant was a "snitch." Finally, when the victim said he wanted to get a taxicab and go to the defendant's apartment to get "high" with him, the defendant "at this point ... knew that [he] was going to do something to him."

After midnight, the victim and the defendant left the bar and began walking to get a taxicab. The victim, according to the defendant, put his arms around the defendant, kissed him, and told the defendant that when they got to the apartment, he wanted the defendant to take his clothes off. The defendant decided at this point to kill the victim. He took out the black powder pistol and shot the victim twice in the head. He then fled the scene on his moped.

Later that morning--May 24--the defendant went to his mother's home and told his brother, David, what he had done. David drove the defendant back to his apartment and they picked up the handguns. They then drove to a wooded area where the defendant buried the guns. While returning to the defendant's apartment, they were stopped by the police, and the defendant was arrested.

1. Denial of suppression motions. Prior to trial, the defendant filed two suppression motions, one motion to suppress his statement to the police, the other to suppress evidence obtained as a result of searches executed at the defendant's apartment and at the home of his mother.

a. The defendant's statement. The only evidence showing that the defendant unlawfully carried a handgun came from his confession. The defendant moved before trial to suppress his statement on the ground, among others, that the statement was not voluntary because it was induced by false threats and promises concerning prosecution of the defendant's brother, coupled with implications of leniency in the defendant's own case. The defendant also claimed that his statement was not the product of a knowing and intelligent waiver of the rights protected by the Miranda warnings. See Miranda v. Arizona, 384 U.S. 436, 475, 86 S.Ct. 1602, 1628, 16 L.Ed.2d 694 (1966).

During the motion hearing, the judge heard the testimony of several witnesses, including the defendant. After the hearing, the judge filed a comprehensive and thorough memorandum of decision that contained his findings of fact and rulings of law. We summarize the judge's findings.

After the defendant was arrested on May 24, he was brought to the Greenfield police station between 2:30 P.M. and 2:45 P.M. He was told that he was under arrest for murder and given Miranda warnings. He signed a card acknowledging that he had received the warnings. He did not request an attorney and did not refuse to answer questions.

The defendant was questioned for about one-half hour by Captain LaChance of the Greenfield police department and Trooper Kenney of the State police. He denied killing the victim. The exchange between Trooper Kenney and the defendant became heated, and Trooper Kenney broke off the interrogation. The defendant was booked and again given Miranda warnings.

The defendant's mother learned of his arrest from David at about 3:00 P.M. on May 24. She went to the police station and visited the defendant, leaving after about five minutes. She was worried about David's possible involvement in the crime, and her anxiety increased when she learned that the police planned to question David the following day.

On May 25, the defendant's mother went to the police station before David. She saw the defendant, and he told her that he had killed the victim because the victim had made his life miserable while both were in jail. When the mother left the defendant, she was still concerned about David's participation in the crime.

After David arrived at the police station, he spoke to his mother before he talked to the police. She told David that the defendant had told her everything and that David should cooperate with the police or he would end up in a jail cell like his brother. David refused to tell the police of his involvement but did inform them that a certain green pouch they were seeking was at his mother's house. That pouch the police believed was used to carry the guns.

The defendant's mother accompanied Trooper Kenney to retrieve the pouch. On the way to the house, they did not discuss the case. However, as they returned to headquarters, the mother began to question Trooper Kenney about the effect of "mitigating circumstances" on a crime. Trooper Kenney told her that certain circumstances might change a charge from first degree to second degree murder. At her request, he explained the distinction between the two charges and the availability of parole on second degree murder. The mother then disclosed to Trooper Kenney that the defendant had told her that he had killed the victim but that there were mitigating circumstances. ² She also told Trooper Kenney that David had given the defendant a ride to dispose of the weapon. The mother expressed her concern about the possible prosecution of David for his involvement in the disposal of the weapon. Trooper Kenney responded that if David's involvement was limited to giving the defendant a ride he probably would not be prosecuted.

Upon her return to the police station, the mother saw the defendant. She told him that she was very worried that, if the defendant failed to confess, David would be prosecuted for his participation in the disposal of the gun, and the defendant would be convicted of first degree murder without chance of parole. At the end of the meeting with his mother, the defendant sent for Trooper Kenney and said that he would make a confession and agreed to have it videotape recorded. He then asked Trooper Kenney how David would be treated by the authorities. Trooper Kenney said he would check with the assistant district attorney. When Trooper Kenney returned, he reported that the district attorney had said that, if David's only participation was the ride to bury the guns, he would not be prosecuted. The defendant's confession was then videotaped. Before the taping commenced, however, the defendant was again given the Miranda warnings. At that time he signed a form which stated that he understood his rights and that he voluntarily waived the same.

Based upon his findings, the judge concluded that the defendant's statement was voluntary and that the police complied with all the requirements of the Miranda decision. Accordingly, the judge denied the motion to suppress.

"In reviewing a judge's determination regarding a knowing waiver of Miranda rights and voluntariness, we 'grant substantial deference to the judge's ultimate conclusions and we will not reject a judge's subsidiary findings if they are warranted by the evidence.' " Commonwealth v. Mandile, 397 Mass. 410, 412, 492 N.E.2d 74 (1986), quoting from Commonwealth v. Benoit, 389 Mass. 411, 419, 451 N.E.2d 101 (1983). However, "[o]ur appellate function requires that we make our own independent determination on the correctness of the judge's 'application of constitutional principles to the facts as found....' " Commonwealth v. Haas, 373 Mass. 545, 550, 369 N.E.2d 692 (1977), quoting from Brewer v. Williams, 430 U.S. 387, 403, 97 S.Ct. 1232, 1241, 51 L.Ed.2d 424 (1977).

The defendant claims that his confession was not a free and voluntary act but rather resulted from a "deal" with the police--he would confess to the murder if they would refrain from prosecuting his brother for his part in the disposal of the guns. At the suppression hearing, both the defendant and his mother testified...