Commonwealth v. Lionel Rodriguez (and a companion case, Commonwealth vs. Ryan Marshall), August 9, 2010
457 Mass. 461
457 Mass. 461
Peremptory Challenge, “Honest but Mistaken” identification, Photographic and Expert Testimony Admission, Accessory before the Fact Juror Instructions
A jury convicted Rodriguez of murder in the first degree on the theory of extreme atrocity or cruelty, and his codefendant Marshall was convicted of being an accessory before the fact to that murder also on a theory of extreme atrocity or cruelty. Rodriguez argued on appeal (1) that the prosecutor improperly used a peremptory challenge to remove the sole Hispanic juror; (2) error in the failure to instruct the jury on an "honest but mistaken" identification as set forth in Commonwealth v. Pressley, 390 Mass. 617, 619-620 (1983); and (3) error in the admission of autopsy photographs and testimony of the medical examiner. Marshall argued (1) insufficiency of the evidence; (2) violation of due process; (3) error in the judge's instructions to the jury; and that the SJC exercise their authority under G.L. c. 278, § 33E, to reduce his conviction. The SJC found that errors in the admission of autopsy photographs and testimony of the medical examiner created a substantial likelihood of a miscarriage of justice as to Rodriguez’s conviction of murder in the first degree on a theory of extreme atrocity or cruelty, and reduced his conviction to murder in the second degree. Because there was insufficient evidence to sustain Marshall's conviction as an accessory before the fact, the SJC reversed his conviction and set aside the verdict.
