Commonwealth v. Mesadieu
Commonwealth v. Mesadieu
Opinion of the Court
A District Court jury convicted the defendant of assault and battery on a family member in violation of G. L. c. 265, § 13M(a ). On appeal, the defendant claims that the judge erred in (1) denying his motion for a required finding of not guilty, and (2) improperly admitting prejudicial hearsay evidence. We affirm.
Background. We summarize the facts the jury could have found, viewing the evidence in the light most favorable to the Commonwealth. See Commonwealth v. Latimore,
A Marlborough police officer responded to dispatch's report of a "disturbance or an assault at the Holiday Inn." Upon arrival, the officer was met by hotel staff; based on his conversations with them, he identified the defendant as a suspect. The officer contacted the Worcester police, who arrested the defendant and administered Miranda warnings. The officer then transported the defendant from Worcester to the Marlborough police station, where the defendant was told of the potential charges against him and again advised of his Miranda rights. The defendant was lucid and cooperative. When questioned, the defendant stated that he had driven to the Holiday Inn to pick up his wife, Lynette Mesadieu. He further stated that prior to picking up his wife, he was the only one in his vehicle.
Discussion. 1. Sufficiency of the evidence. When a defendant moves for a required finding of not guilty at the close of the Commonwealth's case, we consider the evidence introduced to that point to determine "whether the Commonwealth presented sufficient evidence of the defendant's guilt to submit the case to the jury." Commonwealth v. Dustin,
The essential elements of a violation of G. L. c. 265, § 13M are (1) an assault or assault and battery (2) on a family or household member.
2. Admission of the officer's testimony. The defendant claims that the judge erred in admitting the responding officer's statement that he went to the Holiday Inn because dispatch reported a "disturbance or assault." According to the defendant, the statement was inadmissible hearsay. We disagree. Because the testimony was not offered to prove the truth of the matter asserted, but only to explain why the officer responded to the Holiday Inn, it was not hearsay. See Mass. G. Evid. § 801(c)(2) (2017). "Because such explanatory statements do not repeat the substance of out-of-court conversations, they pose no hearsay (and, by extension, no confrontation) issues." Commonwealth v. Tanner,
Judgment affirmed.
" '[F]amily or household member' shall mean persons who (i) are or were married to one another." G. L. c. 265, § 13M(c ), as appearing in St. 2014, c. 260, § 23.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.