Commonwealth v. Imbriano
Commonwealth v. Imbriano
Opinion of the Court
Following a jury trial in the District Court, the defendant, Paul A. Imbriano, was convicted of assault by means of a dangerous weapon on a person over the age of sixty, in violation of G. L. c. 265, § 15B. On appeal, the defendant claims that the judge's limitation on defense counsel's cross-examination of the victim, Richard Frechette, concerning a prior incident between Frechette and the defendant's son, improperly infringed upon his ability to present a defense. We affirm.
Background. Based upon the evidence at trial, the jury could have found the following facts. In the early morning of September 8, 2014, Frechette, who worked as a building manager, was monitoring his employer's parking lot to prevent unauthorized persons, including students attending the nearby University of Massachusetts (UMass) at Lowell, from using the lot. He was driving home around 9:00 A.M. , when he saw a Cadillac sport utility vehicle (SUV) behind him. The driver of the SUV, later identified as the defendant, signaled for Frechette to stop by flashing his lights and honking his horn. Frechette pulled to the side of the road, and the SUV stopped behind him. Both Frechette and the defendant alighted from their vehicles and approached each other. The defendant, who was "very agitated," swore at Frechette, and told Frechette to "never mess with his kid again." The defendant then threatened to "kick [Frechette's] ass," opened his coat, pointed to a revolver that was tucked into his waistband and said, "[Y]ou see this? I ought to put a couple of holes in your head." Frechette became fearful after seeing the black handle of a revolver, and he called the police. The defendant began to drive away, brushing Frechette with his car in the process.
Officer Raymond Royer responded to the scene within a few minutes. He observed Frechette, the defendant, and the defendant's wife on the sidewalk arguing.
The defendant and his wife testified at trial and presented a different version of events. They claimed that they drove approximately forty-five minutes from their home in Rowley after receiving a telephone call from their son, who was a student at UMass Lowell. Their purpose was to find their son's car and to determine what had happened between their son and Frechette. The defendant testified that he wanted to ascertain whether Frechette was a security guard and whether his son had done anything wrong. Apparently, the son had provided his parents with the license plate number of Frechette's truck. Upon arriving in Lowell, the defendant and his wife saw the truck and then signaled to Frechette to stop. According to the defendant and his wife, Frechette was angry and aggressive. Therefore, they testified, they decided to go to the campus police. As they were driving away, Frechette punched their SUV with his fist. The defendant denied having a firearm on his person and claimed that he neither showed a firearm to Frechette nor threatened him.
Discussion. Prior to trial, the Commonwealth filed a motion in limine seeking to exclude evidence of Frechette's allegedly violent conduct toward the defendant's son. The defendant also filed a motion in limine, seeking permission to introduce evidence regarding criminal charges pending against Frechette.
The defendant contends that the judge violated his right to confront Frechette by limiting cross-examination and, in particular, by precluding counsel from soliciting testimony that identified the defendant's son as the victim of the charges pending against Frechette. We disagree.
"If, on the facts, there is a possibility of bias, even a remote one, the judge has no discretion to bar all inquiry into the subject." Commonwealth v. Ahart,
Judgment affirmed.
The defendant was acquitted of assaulting a person over the age of sixty with his SUV.
The defendant's wife was a passenger in the SUV.
On November 23, 2015, a criminal complaint issued from Concord District Court charging Frechette with assault by means of a dangerous weapon and threatening to commit a crime. The offense allegedly occurred on September 8, 2014, and the alleged victim in the case is the defendant's son.
Indeed, the defendant's wife testified that she stated to Frechette, at some point during their altercation, "You assaulted my son."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.