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Com. v. Sheriff6/11/1997
Practice, Criminal, Instructions to jury, Voluntariness of statement, Admissions and confessions. Mental Impairment. Insanity. Evidence, Admissions and confessions, Voluntariness of statement, Consciousness of guilt. Constitutional Law, Admissions and confessions.
LYNCH, J. The defendant was convicted of murder in the first degree by reason of deliberate premeditation and extreme atrocity or cruelty for the stabbing and bludgeoning death of his wife. On appeal, the defendant claims that: (1) the Judge improperly instructed the jury regarding his commitment to Bridgewater State Hospital; (2) the Judge neither ruled on the question of the voluntariness of certain statements made by the defendant nor submitted the issue to the jury; (3) his Miranda rights were violated; (4) certain statements were improperly introduced as prior inconsistent statements; (5) the jury were improperly instructed that evidence of the defendant's attempted suicide may be considered as consciousness of the defendant's guilt; (6) the Judge's instructions on deliberate premeditation and extreme atrocity or cruelty and malice were fatally flawed; and (7) the Judge erred in denying his motion for a new trial without a hearing where the defendant was provided ineffective assistance of counsel. The defendant also asks that we exercise our power under G. L. c. 278, ยง 33E, to order a new trial. Because we conclude that the Judge's instruction regarding the defendant's commitment to Bridgewater State Hospital was misleading and because he failed to instruct the jury on the voluntariness of an admission of the defendant, we conclude that there must be a new trial.
Facts. We set forth the facts in the light most favorable to the Commonwealth, reserving certain details for Discussion in conjunction with certain issues raised. See Commonwealth v. Nichypor, 419 Mass. 209, 210, 643 N.E.2d 452 (1994); Commonwealth v. Burnett, 417 Mass. 740, 741, 632 N.E.2d 1206 (1994). In the months before the murder, the defendant began to suspect that his wife was being unfaithful and wanted her to return to India , their native country, with him. Several times the defendant visited his wife at Malden Hospital, where she was a medical resident. There he interrupted her at work and accused her of being unfaithful. Other hospital employees observed the defendant and his wife arguing; at least twice hospital security was called because of the couple's arguments. The defendant was warned that he could be cited for trespassing if he caused disruptions in the hospital. According to the Commonwealth, because of the defendant's behavior, his sister was to come from California to escort him back to India.
On February 14, 1987, the victim did not report to work at the hospital for her scheduled shift. When asked to check her residence, police officers found the victim's body in the bedroom. She had suffered fifty-three stab wounds in the chest, abdomen, leg, and groin area. In addition it appeared that the victim had been struck three times in the head. The wounds were consistent with having been inflicted by a knife and a wrench found at the scene. Wounds on her hands and forearms were characterized as defensive wounds.
The defendant was found lying unresponsive on the floor, apparently unconscious and foaming at the mouth. Inside the defendant's mouth were undigested pills. There was blood matching the victim's blood type on the defendant's shirt, pants, socks, and shoes. All doors to the apartment were locked from the inside. There were also numerous pills and prescription bottles strewn on the dining room table and on the floor around where the defendant had been lying. The bathroom sink faucet tested positive for the presence of o
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