Commonwealth v. Kines
Commonwealth v. Kines
Opinion of the Court
Bobby Ray Kines appeals from the order denying his second postconviction motion for access to evidence and forensic testing, and from the order denying his amended motion for postconviction discovery, both pursuant to G. L. c. 278A. We affirm.
Background. Kines was previously convicted of rape, armed robbery, and three counts of kidnapping.
Discussion. 1. Standard of review. We consider de novo the question whether Kines's motion and supporting affidavits meet the requirements of G. L. c. 278A, § 3. Commonwealth v. Wade,
2. Analysis. In deciding whether Kines has met his threshold burden under G. L. c. 278A, § 3 (b ) (4), "it is necessary to consider only whether the test results could be material to the question of the identity of the person who committed the criminal act of which the moving party was convicted." Wade,
Here, Kines argues that the victims initially identified the perpetrator as a male with "medium complexion," but later described a male with "dark complexion." Where the defendant is of dark complexion, he believes that DNA phenotyping on the cigarette butts will have the potential to identify a third-party perpetrator by creating a profile that shows the medium complexion of the DNA contributor on the cigarette butts. Any test results from the cigarette butts, however, would not be material to the question of the identity of the person who committed the rape because there is no factual connection between these cigarette butts and the crime. There is nothing in the record that suggests that the perpetrator smoked cigarettes -- let alone on the night of the crime -- and none of the victims testified that the perpetrator was smoking in the van. Indeed, the evidence carried even less weight because the van was stolen, which could reasonably explain why another male's DNA was found on the cigarette butts.
Kines also failed to provide an affidavit of "someone with 'personal knowledge of the factual basis of the motion.' "
In conclusion, in the absence of any reason to believe that the perpetrator used the cigarette butts on the night of the crime, Kines failed to show that the requested "analysis has the potential to result in evidence that is material to the moving party's identification as the perpetrator of the crime." G. L. c. 278A, § 3 (b ) (4). See Clark,
As to Kines's amended motion for discovery pursuant to G. L. c. 278A, § 7, we agree with the Commonwealth's position that the items sought do not fall within the purview of G. L. c. 278A, as these documents cannot be subjected to analysis.
Posttrial orders dated August 4, 2017, affirmed.
The armed robbery conviction subsequently was dismissed.
The facts surrounding these crimes are summarized in Commonwealth v. Kines,
Where DNA testing has already been conducted on these cigarette butts, excluding Kines as a contributor, his due process argument is without merit.
Because the judge denied Kines's motion without a hearing, she was not required to make findings of fact and conclusions of law. See G. L. c. 278A, § 7 (a ). Accordingly, the defendant's argument concerning the judge's failure to make such findings is without merit.
To the extent that we do not address Kines's other contentions, they "have not been overlooked. We find nothing in them that requires discussion." Commonwealth v. Domanski,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.