Commonwealth v. Heath (Lawyers Weekly No. 11-045-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 15-P-227 Appeals Court COMMONWEALTH vs. CARROLL N. HEATH.[1] No. 15-P-227. Essex. February 11, 2016. – April 26, 2016. Present: Kafker, C.J., Rubin, & Agnes, JJ. Practice, Criminal, Loss of evidence by prosecution, Preservation of evidence, New trial. Evidence, Exculpatory, Videotape, Relevancy and materiality. Complaint received and sworn to in the Newburyport Division of the District Court Department on May 30, 2013. The case was tried before Allen G. Swan, J., and a motion for a new trial was heard by him. Christine DeBernardis for the defendant. Catherine P. Sullivan, Assistant District Attorney, for the Commonwealth. KAFKER, C.J. The defendant, Carroll N. Heath, was convicted of assault and battery on a police officer pursuant to G. L. c. 265, § 13D, and also of disturbing the peace.[2] He appeals the judge’s denial of his motion for a new trial on the assault and battery charge, claiming that he was denied due process of law by the Commonwealth’s failure to preserve a video recording of incidents in the booking room of the Haverhill police station that led to the assault and battery charge.[3] We reverse. 1. Background. a. The events of May 29. On May 29, 2013, the defendant was arrested for disturbing the peace. He had entered the emergency room at Merrimac Valley Hospital in Haverhill, demanded a sandwich, a shower, and that someone do his laundry, and let loose a tirade of racist, sexist, and other offensive comments at medical personnel when they told him that he must first see a physician before they could provide him with food and that they “did not have a shower in the emergency department.” Haverhill police Officer Dennis Moriarty, who was called to the hospital, tried to calm the defendant and escorted him from the hospital building while the defendant verbally threatened to hack him to pieces with a machete. The defendant then proceeded to a neighboring property, and Moriarty was called to that location by a resident when the defendant refused to leave. Moriarty then arrested the defendant and took him to the police station for booking. Officer Moriarty testified at trial that because the defendant “needs crutches to walk . . . [and] has no use of his legs,” Moriarty did not place the defendant in handcuffs at the time of the arrest. Moriarty testified […]