Com. v. Voisine

• Decision Date: 08 April 1993
• Citation: 610 N.E.2d 926,414 Mass. 772
• Parties: COMMONWEALTH v. Edward R. VOISINE, Third.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 926

610 N.E.2d 926

414 Mass. 772

COMMONWEALTH v. Edward R. VOISINE, Third.

Supreme Judicial Court of Massachusetts,

Plymouth.

Argued March 1, 1993.

Decided April 8, 1993.

John B. Glynn, Boston, for defendant.

Frank M. Gaziano, Asst. Dist. Atty., for Com.

Before LIACOS, C.J., and NOLAN, LYNCH, O'CONNOR and GREANEY, JJ.

NOLAN, Justice.

A jury found the defendant guilty of murder in the first degree, burglary, larceny in a building, larceny of a motor vehicle, and burning of a motor vehicle. On appeal, the defendant advances four arguments claiming error. We reject the defendant's arguments and affirm the convictions. We also conclude that there is no basis to exercise our power under G.L. c. 278, § 33E (1990 ed.), to direct the entry of a verdict of a lesser degree of guilt, or to order a new trial in connection with the murder conviction.

On Monday, March 14, 1988, at approximately 9 P.M., as he was leaving work, an employee of the United Parcel Service in Brockton heard a "poof" and saw an automobile on fire and two people running from it. The Brockton police and fire departments responded to a call concerning a burning motor vehicle. Officer Thomas Keating ascertained the identification number of the vehicle and determined that it was registered to the victim at a Whitman address.

The next day, a Whitman police officer called the victim's mother. The officer asked her where he could reach her son. When asked why he was inquiring, the officer told her that a burned automobile registered to her son had been found.

In response, she left her office and went to her son's condominium which was located nearby. ¹ When she arrived she noticed her son's automobile was not parked in its usual spot. She approached the front door of the condominium unit and found that it was unlocked. She entered the living room and found it in disarray. The condition of the condominium surprised her because she knew the victim to be meticulous. The victim's mother ascended the stairs to the second floor. She observed a hammer in the bathroom sink, she then went into the rear bedroom where she saw her son lying on his right side, covered with a bedspread. She removed the bedspread and discovered the victim's body.

The victim's mother telephoned the Whitman fire department. The first fire fighter on the scene confirmed that the victim was dead. He later testified that the wall behind the victim's bed was splattered with blood. Thereafter, Whitman police arrived. The investigating officers suspected that the hammer, which the victim's mother had observed in the bathroom sink, was the murder weapon. Laboratory analysis later revealed that the hammer had human blood and hair on its maul face. The hair matched that of the victim.

Dr. John C. DuVale performed an autopsy on March 15, 1988, and testified that he observed numerous injuries to the victim's head. The injuries consisted of six round lacerations to the left side of the head and one laceration to the top of the head. The lacerations were semi-lunar or quarter-moon shaped. Dr. DuVale testified that the cause of death was blunt trauma to the head. He also testified that the injuries were consistent with those that could have been caused by the hammer. Dr. DuVale testified that the injuries caused considerable bleeding.

Jay Godleski, a senior chemist with the Department of Public Safety, investigated the scene. Godleski, who testified as an expert in the field of blood stain analysis, observed more than 600 "directional spatters" in the victim's bedroom. The blood stains were shaped like teardrops with the point of the drop indicating the path of travel. The stains were found on the walls, bedroom furniture, and the headboard of the bed indicating that the victim had been struck while in bed. Several stains were found four to five feet from the body.

Investigating officers also found a bag, wrappings, and packaging of food from a Burger King restaurant in the living room. A sales receipt in the bag indicated that the food was purchased on March 13, 1988 at about 10:30 P.M. There was no evidence of forced entry into the victim's condominium unit. Members of the victim's family reported that some of his possessions and clothing were missing.

On March 20, 1988, the chief of the Whitman police department, John Schnyer, received a telephone call from the Hanson police department concerning information which might assist the Whitman police in their investigation of the victim's death. That evening, two Hanson officers met with Chief Schnyer. The officers knew of a woman who had information about the murder; they telephoned her and the woman gave them information linking one Paula Studinski to the murder. Because Paula Studinski's father was a lieutenant with the Brockton police department, Whitman police officers informed him of the events and asked whether he wanted to be present when police interviewed his daughter. Lieutenant Studinski did want to be present.

Shortly after midnight, Chief Schnyer, Lt. Studinski, and several other officers went to Paula Studinski's apartment in Brockton. When they arrived Paula Studinski first spoke privately with her father and then allowed the officers into her apartment. Once in the apartment, officers found some of the items reported missing from the victim's condominium. Investigating officers also recovered a white hat covered with reddish-brown stains in Paula Studinski's bedroom. Paula Studinski accompanied police to the Brockton police station where she gave a statement implicating the defendant. Paula said that in a series of three telephone calls she received in the early hours of March 13, 1988, the defendant stated he wanted to kill someone, and in a later call told Paula he had done it. Paula Studinski told police that the defendant came to her apartment that morning, and brought several items belonging to the victim with him.

Studinski reported that she had been living with the defendant until either March 7 or March 8. She also told police that the defendant was dating Rachel Barkley, and suggested that they might find him at Barkley's residence in Brockton.

Shortly after Paula Studinski gave police her statement, police interviewed Corey Bunch. Bunch was a roommate of Paula Studinski, but was not at home on the night of March 20, 1988. Bunch told police that he had accompanied the defendant to the victim's condominium on Sunday afternoon, March 13, 1988, to steal items from the victim's condominium. The defendant showed Bunch the victim's body and then asked for Bunch's assistance in removing television sets and other items. Bunch was also present when the defendant burned the victim's automobile. Bunch also suggested that the police question Barkley as to the defendant's whereabouts. The police learned that there were several default warrants issued against the defendant by the Brockton District Court. The police did not obtain another warrant for the defendant's arrest nor did they obtain a search warrant for Rachel Barkley's apartment.

At approximately 8:30 A.M. on March 21, 1988, five or six police officers approached Barkley's apartment with their weapons drawn, knocked on the door, and announced "police." Barkley opened the door. The officers told her they were looking for the defendant and asked if she knew where he was. Barkley pointed in the direction of the bedroom. The police never presented a warrant. Barkley testified at the hearing on the defendant's motions to suppress and to dismiss that she knew that she did not have to let the police into her apartment that morning.

The police found the defendant on the floor hiding under a comforter. He was wearing a high school class ring and a watch later identified as belonging to the victim. The defendant was arrested for the victim's murder.

At trial, Paula Studinski testified under a grant of immunity. She testified that she had met the defendant in February, 1986, and started dating him in April of that year. Studinski testified that she moved into an apartment in Brockton occupied by her father in July, 1987. Lieutenant Studinski testified that he moved out of the apartment in October, 1987, and that Paula was not seeing the defendant while Studinski was living with his daughter. Paula testified that her parents did not approve of her relationship with the defendant.

After her father moved out, Paula Studinski testified that the defendant and one Divana Smith moved into the apartment. In December, 1987, Corey Bunch moved in. Paula said that the defendant moved out of the apartment at her request on March 7 or March 8. Paula next heard from him during the early morning hours of March 13, 1988.

On Saturday night, March 12, 1988, Paula Studinski was home socializing with friends. Paula testified that the telephone rang at approximately 1 A.M. She testified that it was the defendant. She asked the defendant where he was. Paula testified that the defendant replied, "In Whitman, at this guy's house." Paula testified that the defendant next told her that "he wanted to kill someone." Paula asked why. She testified that the defendant responded, "Because I feel like I am being set up." Paula told the defendant that it was not right. Paula testified that the defendant concluded the conversation by stating, "I love you, and I'll call you when its done."

The telephone rang a second time forty-five minutes later. Paula testified that it was again the defendant who said, "It's done." Paula testified that, when she asked, "What," the defendant repeated, "It's done. I did it." Paula said the defendant then asked whether he could visit her. Paula said no and hung up the telephone. Paula testified that the defendant telephoned a third time ten minutes after the second call. The defendant said he had been drinking and wanted to visit her. Paula acquiesced and asked him how he was going to get to her apartment. The defendant responded, "I'll take the car."

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