Commonwealth v. Carr (Lawyers Weekly No. 10-068-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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‑10284 COMMONWEALTH vs. RODOLFO CARR. Suffolk. December 7, 2012. ‑ April 16, 2013. Present: Ireland, C.J., Spina, Botsford, Gants, & Lenk, JJ. Homicide. Constitutional Law, Speedy trial, Grand jury, Admissions and confessions, Waiver of constitutional rights, Confrontation of witnesses, Identification, Assistance of counsel. Due Process of Law, Grand jury proceedings, Loss of evidence by prosecution, Identification, Assistance of counsel. Practice, Criminal, Speedy trial, Grand jury proceedings, Loss of evidence by prosecution, Motion to suppress, Admissions and confessions, Waiver, Confrontation of witnesses, Identification of defendant in courtroom, Assistance of counsel, Capital case. Evidence, Grand jury proceedings, Identification, Photograph, Consciousness of guilt, Exculpatory, Admissions and confessions, Death certificate, Identification, Photograph, Consciousness of guilt. Witness, Expert, Impeachment. Grand Jury. Identification. Indictment found and returned in the Superior Court Department on May 23, 1997. Motions to dismiss the indictment, filed on November 25, 2002, January 7, 2003, and May 2, 2003, were heard by Patrick F. Brady, J.; motions to dismiss the indictment and a motion for funds for an expert witness, filed on April 15, and June 14, 2004, respectively, were heard by Barbara J. Rouse, J.; a motion to dismiss the indictment and a pretrial motion to suppress evidence, filed on November 29, 2004, were heard by Christine M. McEvoy, J.; and the case was tried before her. Russell C. Sobelman for the defendant. Amanda Teo, Assistant District Attorney (Edmond J. Zabin, Assistant District Attorney, with her) for the Commonwealth. LENK, J. On December 15, 2004, a Superior Court jury convicted the defendant of murder in the first degree on a theory of deliberate premeditation for the fatal shooting of Carlos Matos on August 5, 1974. Although a murder complaint issued against the defendant shortly after the victim’s death, the defendant fled the Commonwealth and was not indicted until 1997. In the interim, he was charged, inter alia, with numerous drug crimes in Indiana and Illinois under various aliases. The Commonwealth again learned of the defendant’s whereabouts in 1994, while he was incarcerated in an Indiana state prison. In 1997, the defendant waived extradition and was returned to Massachusetts. On appeal, the defendant claims error in a number of respects. He asserts that his motions to dismiss for violations of his constitutional right to a speedy trial, […]