Commonwealth v. Scott (Lawyers Weekly No. 10-025-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11094 COMMONWEALTH vs. LANNY STEED SCOTT. Hampden. October 2, 2012. ‑ February 8, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Assault and Battery. Practice, Criminal, Required finding. Evidence, Medical record, Expert opinion. Witness, Expert. Words, “Impairment.” Indictment found and returned in the Superior Court Department on January 17, 2007. The case was tried before Peter A. Velis, J. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Michael J. Fellows for the defendant. Dianne M. Dillon, Assistant District Attorney, for the Commonwealth. DUFFLY, J. Based on the confinement of and physical assault on his girl friend in her apartment, the defendant was convicted by a Superior Court jury of kidnapping, G. L. c. 265, § 26; assault by means of a dangerous weapon, G. L. c. 265, § 15B (b); assault and battery causing serious bodily injury, G. L. c. 265, § 13A (b) (i); assault and battery, G. L. c. 265, § 13A (a); and malicious destruction of property, G. L. c. 266, § 127. The defendant appealed, and the Appeals Court affirmed his convictions in an unpublished memorandum and order pursuant to its rule 1:28. Commonwealth v. Scott, 78 Mass. App. Ct. 1123 (2011). We granted the defendant’s application for further appellate review, limiting our review to the defendant’s conviction of assault and battery causing serious bodily injury. The sole issue before us is whether the evidence was sufficient to establish “serious bodily injury” within the meaning of G. L. c. 265, § 13A (b) (i) (statute).[1] Because we conclude that the evidence, which consisted primarily of medical records not explained by any expert witness, would not have permitted a rational jury to find that the victim suffered “serious bodily injury” resulting in “impairment of” an organ, the defendant’s conviction of assault and battery causing serious bodily injury cannot stand. Background. The jury could have found the following. In October, 2006, the victim and the defendant, who had two children, were no longer living together, but continued to maintain regular contact. On October 23, 2006, at approximately 11:30 P.M., the defendant knocked on the victim’s door and she let him into the apartment. The defendant accused her of being involved with another man. When the victim admitted as much, the defendant punched her in the face and the victim fell to the […]