Com. v. Lynch

• Court: United States State Supreme Judicial Court of Massachusetts
• Citation: 703 N.E.2d 1182,428 Mass. 617
• Parties: COMMONWEALTH v. Kevin F. LYNCH.
• Decision Date: 08 January 1999

Page 1182

703 N.E.2d 1182 428 Mass. 617 COMMONWEALTH
v.
Kevin F. LYNCH. Supreme Judicial Court of Massachusetts,
Norfolk. Argued Dec. 8, 1998.
Decided Jan. 8, 1999.

Carlo A. Obligato, Committee for Public Counsel Services, for defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Before WILKINS, C.J., and LYNCH, GREANEY, FRIED and IRELAND, JJ.

IRELAND, Justice.

The defendant was convicted by a jury of murder in the first degree as a joint venturer under theories of extreme atrocity or cruelty

Page 1183

and felony-murder. ¹ The jury also found the defendant guilty of aggravated rape. On appeal, while the defendant acknowledges that there was sufficient evidence to support the aggravated rape conviction, he argues that the evidence was insufficient to establish that he joined in the plan to kill the victim, and, therefore, a required finding of not guilty should have been entered on the murder count. The defendant also challenges as erroneous the judge's instruction on felony-murder. Finally, the defendant asks us to exercise our power under G.L. c. 278, § 33E, to order a new trial, or to reduce the verdict to murder in the second degree. We conclude that the evidence was sufficient to allow a reasonable juror to find that the defendant joined in the plan to kill the victim and rule, [428 Mass. 618] therefore, that there was no error in the judge's denial of the motion for a required finding of not guilty. We do not reach the defendant's challenge to the felony-murder instruction because the verdict is fully supported by the independent, and unchallenged, theory of extreme atrocity or cruelty. We now affirm the convictions and find no reason to grant relief under G.L. c. 278, § 33E.

1. Background. The seventeen year old victim was beaten, bound, raped repeatedly, and then strangled to death. Her naked body was then wrapped in a bedspread and thrown into the Granite Rail Quarry in Quincy. The body was anchored down with three cinder blocks to hold it underwater. On November 20, 1994, the police found her body after being alerted to its presence. An examination revealed that the victim's hands and feet were tied behind her back with yellow nylon rope. A brown bedspread was around her head, and yellow nylon rope was around her neck. A boxing "hand wrap" was tightly wound and knotted around her neck. Pantyhose had been placed in her mouth and duct tape was wrapped around her mouth and neck. An autopsy determined that the cause of death was asphyxia. The autopsy could not determine if the asphyxia was brought about by smothering, strangulation, or a combination.

On January 18, 1995, Kara Lentini went to the Quincy police department and spoke with Sergeant Joseph Flaherty of the Massachusetts State police. Flaherty was investigating the murder. Lentini had formerly dated the brother of Shawn Kane. ² As a result of this conversation, the investigation began to focus on Kane and Robert Larkin. In subsequent interviews with Larkin and Kane, the defendant's name was brought to Flaherty's attention. On March 20, 1995, Flaherty interviewed the defendant. In this interview the defendant acknowledged knowing Kane and Larkin and answered other general questions. At this time, the defendant also consented to a search of his vehicle. Two rolls of duct tape were found in the trunk during the search. Four days later Flaherty conducted a second interview with the defendant. Through other interviews conducted in the interim, Flaherty had learned that Kane had been "ripped off" by a prostitute at some earlier time and wanted to "get even with [prostitutes] because of that." Based on this information, Flaherty asked the defendant if he was aware that Kane and Larkin [428 Mass. 619] were picking up, beating, and robbing prostitutes. The defendant denied involvement in such activity. He did, however, recount an incident which occurred in November, 1994, when he was awakened by a woman screaming outside the door of his apartment. Kane and Larkin entered his apartment later that night and informed him that they had picked up a prostitute in Boston, driven her to Quincy, and then beaten and robbed her. The defendant denied any involvement in killing anyone or helping to dump a body in the quarry.

On July 21, 1995, Larkin's fingerprint was found on the duct tape that had been wrapped around the victim's mouth, and he was arrested. On December 27, 1995, the defendant was arrested for failing to appear before a grand jury investigating the murder. That same day Flaherty interviewed the...