Commonwealth v. Lee

Summary

The Massachusetts Supreme Judicial Court affirmed Brian Lee’s conviction of murder in the first degree. The court held that the trial judge adequately determined that a prospective juror could remain fair and impartial despite viewing graphic photographs, and it found no basis for relief under the court’s review of the full record.

Holdings

1. The trial judge conducted a sufficient colloquy to determine that prospective juror no. 226 would not be biased. The corrected audio recording showed that the juror answered yes when asked whether he could view graphic photographs and remain a fair and impartial juror, and answered no when asked whether he had any other concerns about impartiality.
2. The court found no basis to reduce the degree of guilt or order a new trial under G. L. c. 278, § 33E.
3. Because the transcript error concealed the relevant issue and the issue could be discovered only from the audio recording, Lee should not be subject to the gatekeeper provision of G. L. c. 278, § 33E, for that issue.

Questions Presented

1. Whether seating prospective juror no. 226 violated Lee's rights to a fair and impartial jury under the Sixth Amendment to the United States Constitution and article 12 of the Massachusetts Declaration of Rights.
2. Whether the court should reduce the degree of guilt or order a new trial under G. L. c. 278, § 33E.
3. Whether Lee should be subject to the gatekeeper provision of G. L. c. 278, § 33E, for an issue that was not apparent from the erroneous transcript and could be discovered only from the trial audio recording.

Disposition

affirmed