Commonwealth v. Spence
Commonwealth v. Spence
Opinion of the Court
The defendant, Ruel Spence, was convicted after a trial by jury in District Court of receiving stolen property with a value greater than $250, in violation of G. L. c. 266, § 60. The defendant was sentenced to one year in the house of correction. On appeal, the defendant contends that the evidence was insufficient to support his conviction, and that the prosecutor improperly vouched for the credibility of the evidence during her closing argument. We affirm.
Background. "Because the defendant challenges the sufficiency of the evidence presented, we summarize the facts the jury could have found in the light most favorable to the Commonwealth." Commonwealth v. Tavares,
On June 9, 2015, Edward Pape left his home in Rutland for work at approximately 7:00 A.M. He returned to his home at about 7:30 P.M. to find that his back door had been torn completely "off the hinges." Pape noticed that many items were missing, including his solid gold wedding ring. Pape reported the items stolen to the Rutland police, who in turned referenced the New England State Police Information Network (NESPIN), which contains records of recent transactions at both pawn and coin shops. Rutland police Detective Troy Chauvin discovered that a wedding ring had been sold to Gardner Rare Coin (Gardner Coin or store), which was approximately fifteen miles from Rutland, on the same day as the break-in. The NESPIN database listed the defendant as the individual who sold the wedding ring.
Discussion. 1. Sufficiency of the evidence. The defendant argues that the evidence was insufficient to convict under G. L. c. 266, § 60. "[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact would have found the essential elements of the crime beyond a reasonable doubt." Commonwealth v. Gallagher,
In order to convict the defendant of receiving stolen property under G. L. c. 266, § 60, the Commonwealth must prove beyond a reasonable doubt that "(1) The property in question was stolen; (2) That the defendant knew that the property had been stolen; and (3) That the defendant knowingly had the stolen property in his possession." Commonwealth v. Namey,
The defendant contends that the mere fact than Gardner Coin "received [his] license when they received the ring is insufficient to demonstrate that it was him who sold the ring." We disagree.
Considering the evidence in the light most favorable to the Commonwealth, we believe the jury could reasonably infer that the defendant sold the stolen ring to Gardner Coin on June 9, 2015. See Commonwealth v. Cromwell,
The defendant relies on several cases that are distinguishable. In Commonwealth v. French,
There was no error in denying the defendant's motion for a required finding of not guilty.
2. The prosecutor's closing argument. The defendant further contends that the prosecutor improperly vouched for the accuracy of the photograph of the defendant's license during the closing argument. "Because the defendant did not object to portions of the prosecutor's closing argument he now challenges, we must determine whether any such errors created a substantial risk of a miscarriage of justice." Commonwealth v. Ortega,
The prosecutor's statements did not constitute improper vouching. Improper vouching occurs when "an attorney expresses a personal belief of the credibility of a witness, or indicates that he or she has knowledge independent of the evidence before the jury." Commonwealth v. Kee,
Judgment affirmed.
This testimony was received without objection.
Although the time stamp on the photograph of the defendant's license indicated that the transaction occurred on June 8, 2015, an employee of Gardner Coin testified that the time stamp was incorrect, and that the transaction took place on June 9, 2015.
In his brief, the defendant argues that the inference of guilty knowledge that arises from the possession of recently stolen property infringes on his constitutional right to remain silent. This question has previously been considered and rejected by the Supreme Judicial Court. See Commonwealth v. Burns,
The fact that Gardner Coin did not photograph the person who presented identification and sold the item to the store and that the clerk who conducted the transaction did not testify merely affects the weight of the evidence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.