Commonwealth v. Gagne
Commonwealth v. Gagne
Opinion of the Court
A jury convicted the defendant, Travis Gagne, of two counts of assault and battery on a household member ( G. L. c. 265, § 13M [a ] ), and one count of strangulation ( G. L. c. 265, § 15D [b ] ).
Discussion. The defendant preserved his objections to each of the judge's rulings, so we review his claims for prejudicial error. See Commonwealth v. Hatzigiannis,
1. Prior consistent statements. The defendant contends that, because he never suggested the victim's testimony was the result of a recent contrivance or bias, her prior consistent statements were impermissibly admitted. We are not persuaded.
Prior consistent statements are generally inadmissible. Commonwealth v. Rivera,
Here, months after the victim's initial conversations with the police, the victim recanted in an affidavit her claims that the defendant beat her. At trial, however, the victim repudiated the affidavit and, consistent with her earlier statements, she reiterated her original statements to the police.
On cross-examination, defense counsel questioned the victim regarding a recent charge of operating while under the influence and whether the charge incentivized her to curry favor with the prosecution. It was after this claim of recent bias that the judge permitted the responding officers to testify to the victim's statements on the night of her 911 telephone call.
A witness's pending criminal charges are classic sources of bias in favor of the prosecution. See Commonwealth v. DiMuro,
2. 911 telephone call. We also see no merit to the defendant's hearsay challenge to the admission of the victim's 911 telephone call. Hearsay is admissible as a spontaneous utterance "if (1) there is an occurrence or event 'sufficiently startling to render inoperative the normal reflective thought processes of the observer,' and (2) if the declarant's statement was 'a spontaneous reaction to the occurrence or event and not the result of reflective thought.' " Commonwealth v. Santiago,
The 911 telephone call here satisfies both of these prongs. First, the victim's report of fleeing from an attack meets the test for a startling event. See Commonwealth v. Nunes,
3. Medical records. Last, the defendant claims that admission of redacted emergency medical technician (EMT) reports and hospital records relating the victim's statements as to how she got her injuries were improperly admitted. We disagree.
Pursuant to G. L. c. 233, § 79, patient records kept by hospitals under G. L. c. 111, § 70, "shall be admissible ... as evidence ... so far as such records relate to the treatment and medical history of such cases." Bouchie v. Murray,
Here, although the medical records contained the victim's statements that she was attacked and "strangled," they were admissible. First, the cause of the victim's injuries, including that they resulted from strangulation, was admissible treatment evidence. See
Judgments affirmed.
The jury also acquitted the defendant of assault with intent to commit a felony (kidnapping) and assault by means of a dangerous weapon (motor vehicle).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.