Commonwealth v. Rodriguez
| Decision Date | 15 May 2020 |
| Docket Number | SJC-12795 |
| Citation | 144 N.E.3d 874,484 Mass. 1047 |
| Parties | COMMONWEALTH v. Xavier E. RODRIGUEZ. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Monica J. DeLateur, Assistant District Attorney, for the Commonwealth.
Joseph R. Smith for the defendant.
The Commonwealth appeals from a judgment of the county court denying, without a hearing, its petition for relief under G. L. c. 211, § 3, from an order of the Boston Municipal Court. We affirm.
Background. The defendant, Xavier E. Rodriguez, stands charged with possession of a class A substance (fentanyl) with intent to distribute and possession of a class B substance (suboxone ) with intent to distribute. He was charged with these offenses after a confidential informant, working under the direction of the Boston police department, carried out three controlled purchases of a substance believed to be heroin. Using the information gleaned in these controlled purchases, the police applied for and obtained a warrant to search the defendant's apartment, averring that there was probable cause to believe that the defendant was keeping heroin there. In the execution of the warrant, the police found and seized substances alleged to be fentanyl and suboxone, along with other items; no heroin was found. The charges against the defendant concern the substances seized in the apartment, not any substance sold to the confidential informant in the controlled purchases.
Pursuant to Mass. R. Crim. P. 14 (a) (1) (C), as appearing in 442 Mass. 1518 (2004), and Mass. R. Crim. P. 17, 378 Mass. 885 (1979), the defendant filed a "motion for rewards and promises" seeking certain information concerning the Boston police department's dealings with the confidential informant (without disclosing the identity of the informant). The defendant requested generally that the Commonwealth be ordered to produce "[a]ny and all information available to the Commonwealth, or that by the exercise of due diligence can be ascertained by the Commonwealth, of promises, inducements, or rewards of any kind or nature made directly or indirectly to any Commonwealth witness or to the [d]efendant." More particularly, he asked that the Commonwealth be ordered to provide "a copy of all documents executed by a member of the Boston Police Department with regard to the recruiting or active participation of the [c]onfidential [i]nformant in this case on or at any time prior subsequent to the evening of [the date of the search] ... and any and all other documents included in any Confidential Informant file with regard to the [c]onfidential [i]nformant in this case that does not identify that person, whether in the possession of an officer, a detective, a detective supervisor, or Chief of Bureau Investigative Services" (emphasis added). The defendant also requested that the police department be ordered "to answer in writing, through the officers involved in this case, whether or not the [c]onfidential [i]nformant was paid any money by them prior to, during, or within the hours following the events which are the subject matter of this complaint; and what occurred to the drugs allegedly purchased during this investigation (including any and all reports regarding same)." In support of his motion, the defendant argued that the search warrant affidavit did not provide sufficient information to test the credibility and veracity of the confidential informant. He also stated, as noted, that he was not seeking to have the Commonwealth reveal the informant's identity.
The judge allowed the motion in part1 over the Commonwealth's opposition, finding that the requested information was relevant and necessary to prepare a defense. In doing so, the judge noted that the dates of the controlled purchases were not specified in the affidavit, that there was a discrepancy between the informant's description of the defendant and his appearance at the time of his arrest, and that the controlled purchases had involved heroin whereas the search yielded only fentanyl and suboxone. The Commonwealth's G. L. c. 211, § 3, petition followed. In denying relief, the single justice ruled that the case did not present an exceptional circumstance requiring the exercise of this court's extraordinary power. See Commonwealth v. Fontanez, 482 Mass. 22, 25, 120 N.E.3d 707 (2019), and cases cited. He also noted that, if the Commonwealth believed that responsive documents would identify the informant, it could take steps in the trial court to prevent that, such as requesting from the trial court a protective order or redaction of certain information.
Discussion. The first step for a single justice, when acting on a G. L. c. 211, § 3, petition, is to decide, in his or her discretion, "whether to employ the court's power of general superintendence to become involved in the matter," or, in other words, "whether to review ‘the substantive merits of the ... petition.’ " Fontanez, supra at 24, 120 N.E.3d 707 (citation omitted). "The single justice is not required to become involved if the petitioner has an adequate alternative remedy or if the single justice determines, in his or her discretion, that the subject of the petition is not sufficiently important and extraordinary as to require general superintendence intervention." Id. See Commonwealth v. D.M., 480 Mass. 1004, 1004 n.2, 100 N.E.3d 347 (2018) (). The single justice in this case followed this approach and decided in his discretion not to review the Commonwealth's petition on its substantive merits.
Where, as here, the single justice exercises discretion not to reach the merits of a petition, the appeal to the full court "is strictly limited to a review of that ruling," Commonwealth v. Samuels, 456 Mass. 1025, 1027 n.1, 926 N.E.2d 1141 (2010), and the full court asks only whether the single justice abused his or her discretion in making that decision. It is not for the full court to...
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... ... --------- ... Notes: ... [1] "Where, as here, the single ... justice exercises discretion not to reach the merits of a ... petition, the appeal to the full court 'is strictly ... limited to a review of that ruling.'" ... Commonwealth v. Rodriguez, 484 Mass. 1047, 1049 ... (2020), quoting Commonwealth v. Samuels, ... 456 Mass. 1025, 1027 n.1 (2010). We decline to consider ... "issues, arguments and requests for relief that were not ... before the single justice." Milton v. Boston, ... 427 Mass. 1016, 1017 (1998) ... ...
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