464 Mass. 566 - Appellant Montoya Brief - Mass Cases
464 Mass. 566 - Appellant Montoya Brief - Mass Cases 464 Mass. 566 - Appellant Montoya Brief - Mass Cases
the improperly admitted evidence 'might have had' on the fact finder or the findings." Vasquez, supra at 3 62, quoting from Commonwealth v. Tyree, 455 Mass. -676, 704 n. 44 (2010). The requirement that the Commonwealth point to other overwhelming evidence to show that the error was harmless beyond a reasonable doubt is an extremely heavy one and not easily met. See Commonwealth v. Marini, 375 Mass. 510, 521 n. 12 (1978), quoting Milton v. Wainwright, 407 U.S. 371, 372-373 (1972) (noting that "overwhelming" evidence has en understood to mean evidence akin tothre full confessions). Furthermore, the Commonwealth does not establish that the error was harmless beyond a reasonable doubt simply by pointing'to other properly admitted evidence that would establish the legal sufficiency of the case against the defendant in absence the tainted evidence. Commonwealth v. Muniz, 456 Mass. 166, 169 (2010). The error is not harmless beyond a reasonable doubt if " ...the Commonwealth's case 'radiates from a core of tainted evidence.' II Commonwealth v. Fluellen, 456 Mass. 517, 526 (2010), quoting supra at 702. 33
A. The Evidence Concerning The Weight As part of its case against the defendant with respect to trafficking charge, Commonwealth introduced the drug certificate marked as Exhibit 7, which stated the coca weighed 39.74 grams or approximately twelve grams more than the threshold amount charged in the indictment. Moreover, eutenant Broo read this drug certifi into the record. (219-92) ; RA 53. , , " " In upholding the defendant's traff ickit{g conviction, the motion judge ruled t because jury was made aware through the testimony of ive Hyde that an "eight ball" was one eighth of an ounce or 3.5 grams and' \\ [f] rom this knowledge and ir general familiarity with weight, the jury d have ermined that the bags of cocaine in evidence weighed ater than twenty-eight " RA 155. In arriving at this conclusion, motion judge cited Commonwealth v. Connolly, 454 Mass. 808, 832 (2009). The Court's cision Connolly f supra, is inapposite here because facts in this case are 34
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- Page 16 and 17: April 6, 2011, the defendant filed
- Page 19: anot r radio transmission from Troo
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- Page 47: harmless beyond a reasonable doubt
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A. The Evidence Concerning The Weight<br />
As part of its case against the defendant with<br />
respect to trafficking charge, Commonwealth<br />
introduced the drug certificate marked as Exhibit 7,<br />
which stated the coca weighed 39.74 grams or<br />
approximately twelve grams more than the threshold<br />
amount charged in the indictment. Moreover,<br />
eutenant Broo read this drug certifi into the<br />
record. (219-92) ; RA 53.<br />
,<br />
, " "<br />
In upholding the defendant's traff ickit{g<br />
conviction, the motion judge ruled t because<br />
jury was made aware through the testimony of ive<br />
Hyde that an "eight ball" was one eighth of an ounce<br />
or 3.5 grams and' \\ [f] rom this knowledge and ir<br />
general familiarity with weight, the jury d have<br />
ermined that the bags of cocaine in evidence<br />
weighed ater than twenty-eight " RA 155. In<br />
arriving at this conclusion, motion judge cited<br />
Commonwealth v. Connolly, 454 <strong>Mass</strong>. 808, 832 (2009).<br />
The Court's cision Connolly f supra, is<br />
inapposite here because facts in this case are<br />
34
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