Commonwealth v. Lopes, 478 Mass. 593

Summary

The Massachusetts Supreme Judicial Court affirmed Crisostomo Lopes's convictions for murder in the first degree. The court rejected challenges concerning the Commonwealth's peremptory strikes, gang-affiliation evidence, cross-examination of a police witness about prior misconduct, and the prosecutor's closing argument. The court also declined to exercise its authority under Mass. Gen. Laws ch. 278, § 33E, to reduce or set aside the verdict.

Holdings

1. The trial judge did not abuse his discretion in finding no prohibited race-based pattern for the earlier strikes and in accepting the Commonwealth's explanations for striking juror no. 104 as adequate and genuine. Youth and college-student status were permissible race-neutral grounds, and young adults are not a constitutionally protected group for Batson-Soares purposes.
2. The trial judge properly admitted limited evidence concerning Lopes's alleged Homes Avenue gang affiliation and neighborhood gang activity because it was relevant to motive and intent and explained Lopes's statements invoking Homes Avenue; the limiting instruction sufficiently reduced the risk of unfair prejudice.
3. The trial judge acted within his discretion in excluding five-year-old evidence that Officer Williams had been suspended for lying during an unrelated internal-affairs investigation.
4. The prosecutor's use of the terms 'insult,' 'farce,' and 'distraction' was overly aggressive but did not constitute reversible error because the remarks were made in the context of responding to the codefendant's theory, the prosecutor otherwise marshaled trial evidence, and the judge gave a specific curative instruction.
5. After reviewing the record under chapter 278, section 33E, the court found no basis to reduce or set aside the first-degree murder verdict or order a new trial.

Questions Presented

1. Whether the trial judge abused his discretion in rejecting the defendant's Batson-Soares objections to the Commonwealth's peremptory challenges.
2. Whether evidence concerning Lopes's alleged Homes Avenue gang affiliation and neighborhood gang activity was admissible to establish motive and intent.
3. Whether the trial judge improperly restricted cross-examination of a police eyewitness about a prior internal-affairs investigation and alleged dishonesty.
4. Whether the prosecutor's characterization of the codefendant's theory as an 'insult,' 'farce,' and 'distraction' constituted prejudicial misconduct requiring reversal.
5. Whether the Supreme Judicial Court should exercise its authority under Mass. Gen. Laws ch. 278, § 33E, to reduce or set aside the first-degree murder verdict or order a new trial.

Disposition

affirmed