Com. v. Robidoux

• Citation: 877 N.E.2d 232,450 Mass. 144
• Decision Date: 04 December 2007
• Docket Number: SJC-09758.
• Parties: COMMONWEALTH v. Jacques ROBIDOUX.
• Court: United States State Supreme Judicial Court of Massachusetts

877 N.E.2d 232

450 Mass. 144

COMMONWEALTH v. Jacques ROBIDOUX.

SJC-09758.

Supreme Judicial Court of Massachusetts, Bristol.

Argued September 7, 2007.

Decided December 4, 2007.

Janet H. Pumphrey for the defendant.

Sharon L. Sullivan-Puccini, Special Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, COWIN, CORDY, & BOTSFORD, JJ.

CORDY, J.

Following a purported revelation from God in early March, 1999, the defendant, Jacques Robidoux, and his wife, Karen, restricted their ten month old son's diet to breast milk and water, and deprived him of solid food. Samuel Robidoux died in late April, 1999, within days of his first birthday, from malnutrition caused by starvation. On June 14, 2002, after a nine-day trial, a jury found Robidoux guilty of murder in the first degree by reason of extreme atrocity or cruelty.

On appeal from his conviction and from the denial of his motions for a new trial, Robidoux claims that: (1) he was denied effective assistance of counsel based on several transgressions of trial counsel, including his failure to challenge Robidoux's competency before trial, and his failure to present either an insanity defense or evidence of diminished capacity at trial; (2) a substantial likelihood of a miscarriage of justice was created when evidence was admitted improperly (and not objected to by trial counsel) that Robidoux had deprived children of food for three days on a trip to Maine prior to Samuel's death and that he refused to answer certain police questions about his family; and (3) he was deprived of his right to a fair trial because the prosecutor misstated the law of third prong malice in his closing argument. Robidoux also seeks relief under G.L. c. 278, § 33E, contending that he lacked criminal responsibility for murder in the first degree, and that he was compelled by his religious beliefs to deprive his son of nutrition. We affirm.

1. Pretrial events. After a jury were empanelled to hear the case, Robidoux moved to dismiss his trial counsel and to proceed pro se. In doing so, he expressed concern over trial counsel's ability to portray him in accordance with his wishes, and indicated a desire to file certain motions that counsel apparently would not. The judge engaged Robidoux in an extended colloquy regarding both the reasons that he felt his attorney would not be able to portray him as he wished to be portrayed, and his understanding of the trial process and the challenges he would face if he represented himself. Ultimately, Robidoux agreed that, although he had represented himself once in the past, he would not be able to match the cross-examination skills of his attorney, especially with the expert witnesses that the Commonwealth would be calling. Robidoux also agreed that, although he had been involved in the preparation of the case with his counsel, he would need time for "mulling over a lot of the information" to prepare himself fully for trial. Finally, Robidoux agreed that if he felt his attorney would portray him as he wished to be portrayed, he would want him to remain as his counsel.

At the conclusion of the colloquy, the judge granted the request of Robidoux's attorney that the case be continued to the next day (without the empanelled jurors being sworn) so that he and Robidoux could confer further on the subject of how he wanted to be portrayed. Later that day Robidoux filed a "pro se" handwritten "motion to change plea," challenging the jurisdiction of the court to hear the case and the district attorney's office to try the case. The next morning Robidoux orally withdrew this motion, and told the judge that he had had an opportunity to speak with his counsel about his desired course of defense and was content with his counsel's continued representation. His motion to proceed pro se was then denied on several grounds, including its untimeliness and its being filed for the ulterior motive of delay.

2. Facts. Based on the evidence at trial, the jury were warranted in finding the following facts. Robidoux's parents, Roland and Georgette Robidoux, have four other children. When the children were young, the family belonged to the Worldwide Church of God, but they left when Roland and Georgette became disenchanted with its organization. A few years later, Roland began a family Bible study group. A neighboring family, the Daneaus, headed by Roger and Vivian Daneau, joined Roland's Bible study group. Roger and Vivian had several children, including Karen, who became active members of the Bible study group. Several group members intermarried in ceremonies performed by Roland, including Karen and Robidoux.

In the early years, the Bible study meetings were relaxed discussions about a variety of subjects. Over time, however, the group became more structured. The group members began to consider Roland an "elder," a role akin to that of pastor or leader. The meetings began with singing, and then Roland would give a sermon or a teaching. Members of the group began to receive "leadings," or inspirations from God to live life in a certain manner. At first, the recipient of a leading would simply share it with the other group members. As time went on, though, the group began to regard leadings as orders from God to be followed as if they came directly from the Apostle Paul. If a member questioned a leading, that member questioned God, and Roland tried to convince that member otherwise. If the member then did not correct sinful behavior, the group "disfellowshipped" the person and stopped any association with that member.

The course of the group changed substantially after Roland became enthralled with the works of author Carol Balizet. He began to instruct the group to pull out of what Balizet regarded as "Satan's seven counterfeit systems," including medicine, education, science, arts and entertainment, the legal system, banking, and mainstream religion. Group members were instructed to withdraw from the medical world. Many group members stopped using banks and relied exclusively on cash. As the group became more isolated from the modern world, its members also became more insular; they all began living together and conversing with only fellow members.

At some point during this transition, Robidoux was ordained as an elder by his father. Now led by two elders who were thought to be working closely with God, the group was rapidly withdrawing from society. In June, 1998, the group held an impromptu meeting and discussed how God was taking them someplace else to live. Robidoux claimed that he had received a leading that God wanted them to leave that night for a journey into the wilderness. All of the group members were instructed to leave behind all food and diapers and assets with which they could be bought, including money and jewelry. The full group, including roughly twenty adults and twenty children, then embarked on their journey in six or seven automobiles. Before doing so, they decided not to fill the gasoline tanks of the vehicles because, as with the lack of provisions, God was expected to provide. Robidoux led the way.

The journey was markedly unsuccessful. The group left late on a Wednesday night, and returned on the following Saturday afternoon. Along the way, several vehicles ran out of gasoline. The members slept in their vehicles and used torn up sweatshirts and shoelaces for diapers. The children complained of hunger, and some of them vomited. Roland promised that a feast would be forthcoming, and when no food appeared, group members thought about abandoning the trip. On the third day, Robidoux decided that the trip was not "of God," and that he had been deceived by the leading. He admitted that the trip was a mistake. Later, though, he characterized the trip as a lesson in failure, and a "dry run" for "something bigger that was going to happen."

Samuel was about six or seven weeks old at the time of the group's trip. He had been born, without complication, on April 29, 1998. He was alternatively described by family members as "active" and "robust." At the age of eight months, in January, 1999, Samuel "ate willingly anything that was put in front of him." He was able to sit and had started to walk by grabbing on to furniture.

Then in early March, 1999, one of Robidoux's sisters informed him that she had received a leading. The leading purportedly indicated that Karen was excessively prideful, foolish, and vain. Karen was pregnant at the time, and the group believed that she was bearing twins; according to the leading, God was taking one of those twins away. The leading also contained strict dietary requirements for Karen and Samuel. Karen was instructed to drink one gallon of almond milk each day. She was also instructed to nurse Samuel for ten minutes on each breast every hour, and to eliminate solid food from his diet.

Four days after the leading, Karen began following the instructions. Samuel was never again fed solid food. Even after the first day of the diet change, Samuel was crying and Robidoux began to question the exact contents of the leading. He began to supplement Karen's breast milk with almond milk, but after only four days Roland instructed him that anything besides breast feeding was contrary to God's will. Meanwhile, Karen's milk supply was diminishing, in part due to her pregnancy and the stress of the situation.

In the following days and weeks, Samuel's restrictive diet began to take a substantial toll on the child. Once healthy and active, he became meek and lethargic; he no longer crawled or even sat up. His bones became visible, his face got thin, his dimple disappeared, and "his eyes appeared sunken." Karen was so distressed by Samuel's appearance that she could no longer bathe him.

As March turned to April, Samuel continued to deteriorate. The skin on his chest changed to a dark color, and at times his eyes would roll up in the back of his head. His cry became hoarse, he ground his teeth, and he...