Commonwealth v. Theogene

Summary

The Massachusetts Appeals Court affirmed Jonathan Theogene’s convictions for rape and assault and battery. The court held that Snapchat captions describing the victim’s assault were admissible as excited utterances, that the evidence was sufficient to support the convictions, and that the defendant was not entitled to jail credit for time held in custody for civil contempt based on his failure to provide a cell-phone PIN.

Holdings

1. The trial judge acted within his discretion in admitting the Snapchat captions as excited utterances because they were spontaneous reactions to a sufficiently startling event.
2. The evidence, viewed in the light most favorable to the Commonwealth, was sufficient to support the rape and assault-and-battery convictions.
3. A defendant is not entitled under G. L. c. 279, § 33A, to credit against a criminal sentence for time spent in custody as a sanction for civil contempt before sentencing.

Questions Presented

1. Whether two typewritten captions added to the victim's Snapchat video qualified as excited utterances.
2. Whether the evidence was sufficient to support the defendant's rape and assault-and-battery convictions, despite asserted inconsistencies in the victim's testimony and the defendant's consent theory.
3. Whether the defendant was entitled under G. L. c. 279, § 33A, to credit against his criminal sentence for time spent in custody as a sanction for civil contempt before sentencing.

Disposition

affirmed