Com. v. Isaiah I.
Decision Date | 09 February 2007 |
Citation | 448 Mass. 334,861 N.E.2d 404 |
Parties | COMMONWEALTH v. ISAIAH I., a juvenile. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Brian M. Wiseman, Medford, for the juvenile.
Dean A. Mazzone, Assistant District Attorney (Sarah B. Richardson & Kathleen Celio, Assistant District Attorneys, with him) for the Commonwealth.
Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.
A Juvenile Court judge allowed the defendant juvenile's motion to suppress a firearm that was seized from him after police searched him in a store in the Dorchester section of Boston. A single justice of this court allowed the Commonwealth's application for leave to pursue an interlocutory appeal to the Appeals Court. The Appeals Court, in an unpublished memorandum and order pursuant to its rule 1:28, Commonwealth v. Isaiah I, a juvenile, 65 Mass.App.Ct. 1111, 840 N.E.2d 67, 2005 WL 3543948 (2005) reversed the judge's decision, after adding facts to fill in gaps in the judge's factual findings. We granted the juvenile's application for further appellate review to determine whether the judge properly allowed his motion to suppress. Because we conclude that the judge's factual findings are inadequate and would require us to add facts in an attempt to fill in gaps in the findings, we remand the case to the judge for further factual findings, reconsideration of legal conclusions in light of the further findings, and other proceedings consistent with this opinion.
Facts and procedural background. The juvenile was charged as a youthful offender with unlawful possession of a firearm in 2003. He filed a motion to suppress, and the judge held an evidentiary hearing at which two Boston police detectives testified. The juvenile presented no witnesses. At the conclusion of the hearing, the judge allowed the motion in an oral order. The Commonwealth subsequently requested, and the judge issued, written findings of fact and ruling of law. Mass. R.Crim. P. 15(b)(2), as appearing in 422 Mass. 1501 (1996). In the written decision, the judge found the following:
The judge concluded that the detectives did not have reasonable suspicion to stop the juvenile and granted the motion to suppress.
In reversing the judge's decision, the Appeals Court stated that some of the judge's findings were clearly erroneous as was her ultimate legal conclusion. For example, the court noted, and the record supports, that there was no testimony that Detective Doogan "chased" the juvenile into the store, or that the juvenile was seen with his hand near (rather than in) his sock.3 The court also stated that the judge made no finding regarding the credibility of the detectives who testified and therefore the court "added uncontroverted facts to fill out the narrative." In doing so, the Appeals Court relied on the testimony of the two detectives who testified.
Discussion. The Commonwealth argues that the factual findings on which the motion judge based her legal conclusion are clearly erroneous. Commonwealth v Thomas, 429 Mass. 403, 405, 708 N.E.2d 669 (1999) (). The Commonwealth also argues that this court may review the record and find the support necessary to reverse the judge's decision to grant the motion to dismiss, because it is clear that the judge credited the detectives' uncontroverted testimony.4
Appellate courts may supplement a judge's finding of facts if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness's testimony. Commonwealth v. Alvarado, 423 Mass. 266, 268 n. 2, 667 N.E.2d 856 (1996). Commonwealth v. Santiago, 410 Mass. 737, 738 n. 2, 575 N.E.2d 350 (1991). See Commonwealth v. Butler, 423 Mass. 517, 526 n. 10, 668 N.E.2d 832 (1996) ( ); Commonwealth v. Scott, 52 Mass.App.Ct. 486, 492, 754 N.E.2d 728 (2001), S.C., 57 Mass.App.Ct. 36, 781 N.E.2d 27 (2003), and, 440 Mass. 642, 801 N.E.2d 233 (2004) ( ). In addition, "[o]n a motion to suppress, `[t]he determination of the weight and credibility of the testimony is the function and responsibility of the [motion] judge who saw the witnesses, and not this court.'" Commonwealth v. Yesilciman, 406 Mass. 736, 743, 550 N.E.2d 378 (1990), quoting Commonwealth v. Moon, 380 Mass. 751, 756, 405 N.E.2d 947 (1980).
As the Appeals Court noted, some of the judge's findings of fact are clearly erroneous. In addition, some of the factual findings omit mention of related testimony so as to appear incomplete. Two examples will suffice. First, both detectives testified that there had been a string of robberies on several streets in the area, including on Norfolk Street, where they had observed the juvenile in front of the store. They also testified that there were armed robberies, what t...
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