Commonwealth v. Massillon
Commonwealth v. Massillon
Opinion of the Court
Following a jury trial in the Superior Court, the defendant, Anderson Massillon, was convicted of two counts of assault and battery by means of a dangerous weapon upon a pregnant person, two counts of assault and battery upon a pregnant person, and violation of an abuse prevention order.
Background. When the defendant and victim began dating, around December of 2013, the defendant knew that the victim was three to four months pregnant. In February, 2014, while staying at the defendant's friend's apartment, the couple had an argument. When the victim attempted to end the conversation, the defendant punched her on the right side of her face. He then "grabbed" her handbag and fled, stealing money and a cellular telephone chip before later returning the bag.
At some point between March 3 and March 14, 2014, while staying in a hotel room with another couple one night, the defendant left their room. Upon returning, he found the victim showering, and angrily accused her of infidelity. He shouted at her, tried to argue with her, and closed the door to the bathroom. The victim repeatedly told him to open the door. The defendant complied, and then punched her on the side of her face and pinned her arms against the wall. Eventually he allowed her to leave the bathroom, at which point she called security, who arrived and "took him out [of] the room."
On April 6, 2014, the defendant and victim booked a fourth-floor hotel room in Waltham. While the defendant was out of the room, the victim's friend, Osi Brathwaite, came to visit her. The defendant returned to the room, became angry, spoke negatively of Brathwaite, and "was making fun of [him]." As a result, Brathwaite became uncomfortable and left.
Eventually, the victim escaped the room. As she tried to use the telephone near the elevator, she saw the defendant run down the corridor toward the stairwell. She descended in the elevator and ran to the front desk. A hotel employee, Levina Benson, noticed that the victim was "frantic" and telephoned the police. When the police arrived, Officer Elizabeth Fleming noted that the victim was "disheveled" and had blood on her sweatshirt. Upon investigating the room, Officer Fleming found bedding and two pillows on the floor, the contents of a handbag spread out on the bed, the telephone dismantled as described by the victim, and "fresh" blood on the wall. The next day, Detective Linda Moschner followed up with the victim and observed that she had a swollen lip, a bloody cut behind her left ear, and redness and swelling on her right arm.
The defense centered on the victim's credibility. The defendant did not call any witnesses to testify. The jury ultimately convicted him of the above-referenced offenses. This appeal ensued.
Discussion. The defendant challenges various aspects of the prosecutor's closing argument. Where there was a timely objection, we review for prejudicial error. See Commonwealth v. Cole,
1. Misstatements of fact and law. The defendant first contends that a new trial is warranted because the prosecutor made serial misstatements of fact and law in closing. It is well settled that in closing, "counsel may argue the evidence and the fair inferences which can be drawn from the evidence." Commonwealth v. Hoffer,
a. Objected-to statements. The defendant objected to two statements in the prosecutor's closing as unsupported by the evidence. First, he objected to the prosecutor's statement that "[i]t's clear that [the defendant] knew about the [restraining] order because what does he do? He persuades her to modify the conditions so he can see her." This was not error. As noted above, the victim specifically testified that the defendant "kept begging [her] to [modify the restraining order]." Contrary to the defendant's assertion, this unambiguous testimony directly supports the prosecutor's remark, which fairly summarized the evidence at trial.
Second, the defendant objected to the prosecutor's statement that the "[the victim and Brathwaite] both told you the defendant ... goes into the bathroom." On appeal, the defendant argues that this was a prejudicial misstatement of the evidence because, pursuant to the court's Crayton ruling,
b. Unobjected-to statements. The defendant next challenges certain statements to which there was no objection at trial. We agree with the defendant's argument that the prosecutor misstated the reasonable doubt standard when she said:
"In order for you to find the defendant not guilty, not only would you have to disbelieve [the victim], but you would have to disbelieve [Brathwaite], you would have to disbelieve Levina Benson, you would have to disbelieve Officer Fleming, and you would have to disbelieve Detective Moschner. ..."
See Commonwealth v. Smith,
The remaining unobjected-to statements challenged in the defendant's brief were not in error. Each of these remarks was either supported by reasonable inferences from the evidence or constituted permissible rhetoric, and none requires further discussion. See Commonwealth v. Wilson,
2. Propensity evidence. The defendant contends that the prosecutor improperly referenced the defendant's uncharged conduct for propensity purposes in closing argument. There was no objection on this basis at trial, so review is again limited to whether any alleged error created a substantial risk of a miscarriage of justice. See Loguidice,
3. Crayton order. Finally, the defendant argues that the Commonwealth violated the judge's Crayton order by stating that the victim and Brathwaite "both told you" that the defendant entered the bathroom.
Judgments affirmed.
The defendant was found not guilty of attempted murder and intimidation of a witness.
The defendant was not criminally charged for the March, 2014, incident. At trial, the judge provided a comprehensive limiting instruction in which she told the jury, inter alia, that they could consider this evidence only for "the state of mind of the defendant, the relationship between the parties, and ... the credibility of the witnesses." She specifically forbade the jury from considering it as proof of "criminal personality or bad character or a propensity to commit the crime charged."
Brathwaite's trial testimony corroborated this portion of the victim's testimony. He accurately described the hotel room and stated that, while he was there, a "lighter" skinned black man in his early twenties came in. He testified that the man was "upset," spoke to him with a forceful "tone," and that he, Brathwaite, ultimately departed after a few minutes because he "didn't like where the conversation was going." However, pursuant to a Crayton order, discussed in further detail infra, Brathwaite was precluded from identifying the defendant in court. See Commonwealth v. Crayton,
The victim testified that the defendant "begged" her to modify the abuse prevention order, and also stated that the defendant was present at the March 28, 2014, hearing.
See Crayton,
The defendant did not object to the Commonwealth's closing argument at the conclusion of the prosecutor's closing, but instead waited until the conclusion of the judge's final charge. He did not request a curative instruction or amended instruction regarding closing arguments.
The victim's testimony was corroborated by four other witnesses including Brathwaite, Officer Fleming, Detective Moschner, and Levina Benson.
There, the prosecutor similarly indicated that the jury needed to disbelieve all of the Commonwealth's witnesses in order to find the defendant not guilty. See Thomas,
We likewise discern no substantial risk of a miscarriage of justice with respect to the prosecutor's statement that "at some point [on the evening of the first incident], the defendant woke [the victim] up by being loud on the phone, arguing with his baby's mother about whether or not she was pregnant." According to the testimony at trial, the defendant woke the victim because he was loudly celebrating. Although the prosecutor misstated the evidence, the comment was not relevant to any live issue in the case, and did not bear on the defendant's guilt. See Loguidice,
Out of an abundance of caution, the judge issued a Crayton order that prohibited Brathwaite both from identifying the defendant in court, and from testifying as to specifics of a conversation he had with the defendant in the hotel room. The purpose of the rule articulated in Crayton,
Other points that the defendant argued, but we have not discussed in this decision, have not been overlooked. "We find nothing in them that requires discussion." Commonwealth v. Domanski,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.