Commonwealth v. Williams
Commonwealth v. Williams
Opinion of the Court
The defendant, Janena E. Williams, was tried before a jury in the Dorchester Division of the Boston Municipal Court and was convicted of assault and battery by means of a dangerous weapon. On appeal from her conviction, the defendant raises several claims of error. We discern no cause to disturb the conviction and affirm the judgment, addressing the defendant's claims in turn.
1. Background. The defendant was charged with stabbing her neighbor. According to the Commonwealth, the defendant attacked the victim, whom she had accused of stealing her cellular telephone (cell phone). A prolonged confrontation ensued, in which the victim was stabbed. A knife was recovered, along with other items, when the police saw the defendant giving the items to a neighbor. The defense was that the defendant fell asleep and awoke to find the victim attempting to perform oral sex on her. She pushed him away and he fell on broken glass, and later dripped blood on the knife.
At trial the Commonwealth introduced, among other things, the results of deoxyribonucleic acid (DNA) tests on a pubic swab of the defendant and a red substance on the tip of the knife. The DNA test of the pubic swab was inconclusive. The serology expert found amylase on the swab, which indicated the possible presence of saliva, but the DNA expert could neither include nor exclude the victim as one of two minor contributors.
2. Closing argument. The defendant contends that the prosecutor improperly implied during closing argument that the DNA test for saliva on a pubic swab, which was inconclusive, disproved the defendant's self-defense claim.
"Remarks made during closing arguments are considered in the context of the entire argument." Commonwealth v. Martinez,
The defendant also submits that the prosecutor's argument that the defendant made up a story about the rape was fundamentally unfair because of the absence at trial of a possible first complaint witness, the neighbor to whom the knife was given. The witness was scheduled to appear for the Commonwealth, but failed to appear through no fault of either party; the prosecutor did not take unfair advantage of the witness's absence.
3. Jury question instruction. In response to a jury request for clarification on "the three things [they] have to believe beyond a reasonable doubt," the judge reiterated the elements for assault and battery by means of a dangerous weapon. The defendant maintains that the judge should have reinstructed on self-defense, in part because the Commonwealth also has the burden of disproving self-defense, and because the jury's question about the "three elements" could have referred to three elements of self-defense, rather than the elements of the offense. We review the judge's response for an abuse of discretion. Commonwealth v. Waite,
We find no error in the judge's clarification of the elements of the offense but not the elements of self-defense. Had the jury intended to request clarification about self-defense and not the elements of assault and battery by means of a dangerous weapon, they surely would have informed the judge of their continuing confusion after receiving a reinstruction on an issue about which they had not inquired. Although it may have been the better practice to remind the jury that the Commonwealth also carried the burden of proving the absence of self-defense, the judge was not required to repeat the self-defense instruction. Where a "jury's question [is] a limited one, ... 'the judge [is] not required to repeat the whole or any part of his original instructions to them.' " Commonwealth v. Barros,
Even if there were some error, which there was not, there was no substantial risk of a miscarriage of justice. See Commonwealth v. Dussault,
4. Impeachment by evidence of prior conviction. The defendant contends that the judge erred by failing to give an agreed upon limiting instruction after the defendant testified on direct examination about a prior conviction. Defense counsel raised the prior conviction to blunt its impact on cross-examination. In response to a defense motion, the judge agreed to give the instruction, but inadvertently omitted it. Defense counsel did not object at the close of the instructions.
Although the prosecutor had filed a motion to enter evidence of the defendant's prior conviction and had offered to provide the certified conviction to the judge, the prosecutor never raised the issue of a prior conviction or entered the certified conviction in evidence. As a result, we are faced with the threshold question whether the defendant was impeached by the acknowledgment of a prior conviction, and therefore entitled to a limiting instruction. Because the defendant raised her prior conviction prophylactically in response to the prosecutor's stated intention to discuss the conviction on cross-examination, we conclude that her claim to a limiting instruction does not turn on whether the prosecution actually followed through with its stated plan to impeach. The defendant was entitled to a limiting instruction. See Commonwealth v. Hurley,
Because the omission of a limiting instruction was error and because the defendant did not timely object, we assess the error to determine whether it created a substantial risk of a miscarriage of justice. See Commonwealth v. Johnson,
Judgment affirmed.
The defendant was the major contributor.
Moreover, we see no substantial risk of a miscarriage of justice. See Commonwealth v. Brown,
The prosecutor had attempted to secure the testimony of the neighbor by issuing a subpoena, arranging and paying for the witness's cab, and verifying that the witness was in the court room when the trial began. The witness left court midtrial. The judge granted a recess to try to locate the witness, who did not return.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.