Commonwealth v. Taft
Commonwealth v. Taft
Opinion of the Court
After a jury trial, the defendant was convicted of assault and battery ( G. L. c. 265, § 13A [b ] ), as a lesser included of the charged offense of assault and battery by means of a dangerous weapon ( G. L. c. 265, § 15A [b ] ). He appeals,
Background. The jury could have found the following facts. The defendant and the victim each had individual apartments within a multi-dwelling home. On June 20, 2016, the victim left his apartment to go the store for groceries. While leaving the property, the victim and the defendant began to argue. Roughly ten minutes later, the victim returned to the property carrying groceries. Upon walking through the gate to the front yard, the defendant and the victim continued their argument and they began to yell at each other. The argument escalated, and the defendant told the victim, "I'm gonna kick your ass." As the defendant and the victim approached the front door of the property, the defendant's friend, who was standing nearby, tried to keep the arguing parties apart by standing between them.
The dispute became physical when the victim entered the property's common area in front of the defendant's apartment. While in the common area, the defendant's friend attempted to push the defendant through the open door of the defendant's apartment away from the victim. With the defendant's friend between them, the victim attempted to reach over to get to the defendant. While reaching, the victim was struck in the head with what he believed to have been a hammer. The victim fell to the ground bleeding and began "see[ing] stars." The victim did not see who hit him, but saw the defendant "menacing over him" immediately after.
The victim then telephoned 911. Two police officers responded, and upon entering the building noticed blood on the door to the defendant's apartment. Later, when one officer spoke with the defendant, the officer did not notice any visible injuries to the defendant, but did see blood on his shirt. The defendant denied knowing where the blood came from and spontaneously stated he did not "hit anybody with a hammer." The defendant was subsequently arrested.
Discussion. 1. Required finding of not guilty. In reviewing the denial of a motion for a required finding of not guilty, we must determine "whether, viewing the evidence in a light most favorable to the Commonwealth, 'any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' " Commonwealth v. Cohen (No.1),
Here, the sufficiency of the Commonwealth's evidence does not deteriorate merely because the defendant presents a contrary version of critical events in which the unidentified friend is the guilty party. See Commonwealth v. Robertson,
Therefore, the defendant's conviction of the lesser included offense of assault and battery was "not unwarranted because [it was] too remote from the ordinary course of events." Commonwealth v. Chinn,
2. Cross-examination. The defendant contends that limitations on his impeachment of the victim violated his right to confront and cross-examine the witnesses against him. See Commonwealth v. Noeun Sok,
The defendant proffered evidence that eviction proceedings between the victim and his landlord provided motivation for the victim to lie to protect his tenancy. The defendant attempted to use a letter purportedly written by the victim to the landlord some two months before the events in this case, in which the victim promised to keep quiet and avoid any noise disturbances. Although a defendant has a constitutional right to question a witness on the issue of bias and prejudice, a trial judge may limit such examination concerning alleged bias if the questioning pertains to a collateral matter or is too speculative. See Commonwealth v. Weichel,
Here, any bias or motive to lie was speculative at best when the defendant's counsel admitted that the victim's housing issue was nearly resolved by the date of the incident and that the defendant had nothing to do with the eviction proceedings. The judge could conclude, within her discretion, that the defendant's theory of the victim's motive to lie about the physical conflict based on his eviction proceedings with his landlord was too tenuous to warrant cross-examination. See Tam Bui,
3. "Castle" law instruction. The judge properly instructed the jury on self-defense. The defendant argues, however, that the judge should also have stated that he had no duty to retreat under the so-called "castle" law, as requested. See G. L. c. 278, § 8A. See also Commonwealth v. Peloquin,
4. Evidentiary rulings. Generally, relevant evidence may be excluded only when its probative value is substantially outweighed by the danger of unfair prejudice, or to prevent confusion of the issues, misleading the jury, being unnecessarily time-consuming, or being needlessly cumulative. See Mass. G. Evid. § 403 (2018). See also Commonwealth v. Crayton,
Judgment affirmed.
Order denying motion to set aside verdict affirmed.
The defendant has appealed from his conviction and from the denial of a posttrial motion to set aside the verdict. See Mass.R.Crim.P. 25(b)(2),
We find no error in the judge disqualifying the landlord from testifying after he had violated the defendant's own motion to sequester witnesses. See Commonwealth v. Bianco,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.