Commonwealth v. SantanaAnnotate this Case
The Supreme Judicial Court affirmed Defendant’s convictions for murder in the first degree on the theories of extreme atrocity or cruelty and felony murder with home invasion and armed burglary, assault on occupant as the predicate felonies, and declined to grant relief under Mass. Gen. Laws ch. 278, 33E. The court held (1) there was no error in the trial court’s denial of Defendant’s motion to suppress statements he made during an interview with the police; (2) there was no prejudicial error in the admission of hearsay testimony from various witnesses; (3) the trial judge erred in denying Defendant’s request for a DiGiambattista instruction where a portion of Defendant’s interview with the police was not audio recored, but the error was not prejudicial; (4) the trial court did not err in denying Defendant’s motion for a mistrial following the jury’s exposure to inadmissible evidence; and (5) a statement made in the prosecutor’s closing argument was impermissible, but no substantial likelihood of a miscarriage of justice arose from the statement.