Commonwealth v. Collazo
Commonwealth v. Collazo
Opinion of the Court
**498Following a jury trial, the defendant, Jose I. Collazo, was convicted of murder in the first degree on a theory of deliberate premeditation, in connection with the shooting death of Jose Fuentes, and of carrying a firearm without a license in violation **499of G. L. c. 269, § 10 (a ).
Background. We summarize the facts as the jury could have found them, reserving certain details for discussion infra. On February 13, 2009, the defendant's former girlfriend, Sandra Fajardo, ended her dating relationship with the defendant and immediately started dating the victim. On the evening of February 20, 2009, the victim, *1206Fajardo, Fajardo's two young children, and Fajardo's friend Jenny Albizu were at the apartment that Fajardo and the defendant recently had rented. Sometime after midnight, Fajardo, the victim, and Albizu heard someone knocking on the back door and the windows of the basement apartment. Fajardo told the victim not to go outside to see who was knocking because she thought it was the defendant.
Early the following morning, the defendant telephoned his friend, Jamie Fekeris, to ask what kind of automobile the victim drove. After Fekeris provided the defendant with this information, the defendant stated, "I'm going to get that fucker." Between approximately 8 A.M. and 8:30 A.M. , the defendant asked the landlord to help him access the apartment, telling the landlord that Fajardo was out of town. The landlord, who had rented the apartment to both Fajardo and the defendant days before, gave the defendant access to the basement and provided him with a butter knife to force open the lock on the door to the apartment.
The defendant entered the apartment, greeted Albizu, and proceeded to walk to the bedroom where Fajardo, her two children, and the victim were sleeping. Witnesses heard gunshots and screaming. First responders found the victim lying on the bed in a pool of blood. An autopsy revealed that the victim suffered four gunshot wounds and blunt trauma to the head.
Approximately ten to twenty minutes after his first telephone call to Fekeris, the defendant called Fekeris again and told him, "I just merked him." Fekeris understood the term "merk" to mean **500"kill." The defendant went to Alyssa Hooper and Samantha Witham's apartment, which was located nearby. While there, the defendant appeared upset and agitated. He asked Hooper if she had any bleach that he could use to wash his hands because he thought there was blood on them. The defendant washed his hands and told Hooper and Witham that he would pay them to drive him to New York. During the drive to New York, the defendant told Hooper and Witham that he killed the victim. On March 4, 2009, the defendant surrendered to New York City police after learning that there was a warrant for his arrest. During questioning with Massachusetts State police, the defendant claimed to have been in New York City at the time the victim was killed.
At trial, the defendant mounted a heat of passion defense, conceding that he beat and shot the victim, but only did so because he "went crazy" when he saw Fajardo in bed with another man.
Discussion. 1. Defendant's statement to police. A detective from the Haverhill police department and a trooper from the Massachusetts State police traveled to New York City to question the defendant, who had surrendered to local authorities weeks after the killing. During the recorded interview, the defendant was asked when he was last in Massachusetts. He responded that he left for New York prior to Valentine's Day and had not been back to the Commonwealth since then. When questioned about whether he was in Haverhill on the day of the killing, he denied it. On appeal, the defendant argues that the denials undermined his sudden provocation defense and that admitting a recording of the interview created a substantial likelihood of a miscarriage of justice because it contained unequivocal denials of accusations of a crime.
It is true that if a defendant is accused of a crime and unequivocally denies *1207it, the denial is not admissible at trial. See Commonwealth v. Santana,
2. Admission of firearm evidence. At trial, the Commonwealth offered evidence of a .25 caliber semiautomatic pistol and two boxes of ammunition recovered from a closet in Fajardo's apartment, along with testimony that these items belonged to the defendant. On appeal, the defendant argues that this evidence was admitted erroneously because it "depicted [him] as a violent, lawless individual" and it lacked any probative value as it did not match the weapon used in the commission of the crime.
Relying on Commonwealth v. Tassinari,
Because the victim was not shot with the firearm found in the apartment, and there *1208was no evidence presented that the defendant even tried to access the second firearm before he shot the victim, the fact that the defendant may have owned a second firearm and ammunition "bears no relevance to whether he deliberated before he shot [the victim]." Valentin,
Although this extraneous firearm evidence created a risk that the jury would impermissibly infer that the defendant has a bad character or a propensity to commit the crime charged, see Commonwealth v. McGee,
In light of the evidence establishing that the defendant entered the apartment intending to shoot the victim, we are substantially confident that the evidence of a second firearm and ammunition did not alter the jury's verdicts. See Commonwealth v. Vazquez,
3. Prosecutor's closing argument. The defendant additionally contends that the prosecutor's closing argument impermissibly commented on the defendant's right to remain silent and misstated evidence, resulting in reversible error. Because defense counsel failed to raise these objections at trial, we now "consider whether any of the challenged statements was improper and, if so, whether it created a substantial likelihood of a miscarriage of justice." Commonwealth v. Martinez,
a. Burden shifting. In response to the defendant's argument that he could not be guilty of the indictment charging home invasion **503because the apartment he entered was his own, the prosecutor suggested during closing argument that the defendant had no belongings in Fajardo's apartment other than the .25 caliber firearm and ammunition found there: "Did you hear about another piece of property of his that was in [the apartment] besides that gun? I suggest you didn't ...." Although there was no objection at trial, the defendant now argues that this rhetorical question and answer was a comment on the defendant's failure to offer evidence in his own defense.
A defendant has the right not only to remain silent, but also "to remain passive, and to insist that the Commonwealth prove its case beyond a reasonable doubt without explanation or denial by him." Commonwealth v. Grant,
Here, the prosecutor attempted to demonstrate the lack of evidence supporting the defendant's claim that he resided in Farjado's apartment. See Commonwealth v. Storey,
b. Characterization of evidence. During closing arguments, the prosecutor also argued that the defendant committed premeditated murder because he was "humiliated in front of his boys" as he waited all night outside of Fajardo's apartment "like a fool," while Fajardo and the victim were inside. The defendant contends **504that, as part of that theory, the prosecutor unfairly depicted the defendant as something akin to a gang leader, referring to him multiple times as an "Alpha dog" and "leader of the pack" who "became a very significant person in that group of people that hung around there [together] ... in Haverhill."
While prosecutors may not misstate evidence in their closing arguments, Commonwealth v. Joyner,
The prosecution's depiction of the defendant as the leader of the group was a fair comment on the testimony presented at trial. That testimony demonstrated that the defendant and his group of friends all lived near each other and spent time together almost daily. Further, when the defendant needed something from these friends, they would do what he asked. For example, when the defendant and Farjado were moving into their new apartment, the defendant's friends helped get the apartment ready before the move, painting and wallpapering the apartment, and when the defendant asked Fekeris a week before the murder to drive him to the airport and then to New York at the last minute, Fekeris gave him a ride.
Although the prosecutor's description of the defendant as "leader of the pack" and "Alpha dog" may have been better left unsaid, it did not create a substantial likelihood of a miscarriage of justice. See Commonwealth v. Siny Van Tran,
4. Review under G. L. c. 278, § 33E. Finally, the defendant asks us to exercise our extraordinary power to grant relief under G. L. c. 278, § 33E. We have reviewed the record in its entirety and see no basis to set aside or reduce the verdict of murder in the first **505degree.
Judgments affirmed.
The defendant was acquitted on an indictment charging home invasion.
Alternatively, the defendant claims that the failure to file a motion to suppress the statements he made during the interrogation was ineffective assistance of counsel.
Spent projectiles recovered from the victim's body and two shell casings and one bullet were recovered from the bedroom were .38 caliber. The firearm and boxes of ammunition recovered from Fajardo's apartment were .25 caliber.
Defense counsel did not provide a basis for either lodging or withdrawing the objection. However, we note that defense counsel argued during closing argument that the defendant could not be convicted of home invasion because he lived in the apartment -- one cannot be found guilty of invading one's own home. See Commonwealth v. Marshall,
We note that Erik Koester, a former crime scene analyst at the State police crime laboratory, testified for the prosecution at the defendant's trial on June 15, 2010. Koester supervised the team that collected evidence from the crime scene and tested several pieces of the evidence collected for traces of blood.
In 2012, Koester's employer learned that Koester received "unsatisfactory" results on his 2010 crime scene proficiency test as a result of improperly measured blood spatter evidence. See Commonwealth v. Hernandez,
However, the discovery of such evidence requires a new trial only if "there is a substantial risk that the jury would have reached a different conclusion had the evidence been admitted at trial."
Reference
- Full Case Name
- COMMONWEALTH v. Jose I. COLLAZO.
- Cited By
- 3 cases
- Status
- Published