Womack
Womack
Opinion of the Court
Womack, Tony Gaskins, and two others were indicted for murder. In exchange for having the charge against him reduced to manslaughter, Womack testified at Gaskins’s trial that Gaskins had confessed to stabbing the victim. Gaskins was convicted of murder in the first degree. This court affirmed that conviction. Commonwealth v. Gaskins, 419 Mass. 809 (1995). Thereafter, Womack signed an affidavit averring that his testimony against Gaskins was false, and that Gaskins had never confessed to stabbing the victim. Based on that affidavit, Gaskins moved for a new trial. A judge in the Superior Court conducted a hearing on the motion. When Womack was called as a witness, he asserted his privilege against self-incrimination. The judge then held an in camera hearing to consider whether Womack had waived his privilege by admitting in his affidavit that he had lied at Gaskins’s trial. At that hearing, Womack claimed he had been coerced to sign the affidavit. The judge disbelieved Womack, and, based in part on testimony from a notary public who witnessed Womack sign the affidavit, the judge concluded Womack signed it freely and voluntarily. The judge thus concluded that Womack waived his privilege against self-incrimination.
Womack challenged the judge’s ruling through a G. L. c. 211, § 3, petition. The single justice denied the petition without a hearing.
The case is now before us pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). Although Womack claims that, if compelled to testify in
Judgment affirmed.
Reference
- Full Case Name
- Leo Womack
- Cited By
- 3 cases
- Status
- Published