Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Zammuto

Appeals Court of Massachusetts, Middlesex

February 22, 2016

Commonwealth
v.
Brendan T. Zammuto

         Argued December 17, 2015

          Complaint received and sworn to in the Malden Division of the District Court Department on September 2, 2011.

         The case was tried before Antoinette M. Leoney, J.

          Judgments affirmed.

          James J. Cipoletta for the defendant.

          Christina Lucci, Assistant District Attorney, for the Commonwealth.

         Present: Kafker, C.J., Cypher, Vuono, Carhart, & Kinder, JJ.

          OPINION

          [46 N.E.3d 75] Kinder, J.

          Following a jury trial in District Court, the defendant was convicted of assault and battery by means of a dangerous weapon, G. L. c. 265, § 15A; and a civil rights violation, G. L. c. 265, § 37. On appeal, he contends (1) he was denied a fair trial when, after he defaulted, the trial proceeded in his absence, (2)

Page 81

the judge erred in failing to instruct the jury regarding his failure to testify, (3) the District Court lacked jurisdiction over the civil rights charge, (4) the motion for a required finding of not guilty on the civil rights charge should have been allowed; and (5) trial counsel was ineffective. We affirm.

          Background.

          We summarize the trial evidence as follows. As John Mastromarino stopped his scooter at an intersection with a four-way stop, he observed a motor vehicle " blow through" the stop sign. He followed the vehicle and caught up to it at the next intersection. He left his scooter at the side of the road, confronted the occupants, and yelled, " Bro, you almost just killed me." The defendant and the four other occupants got out of the vehicle. The defendant, armed with a baseball bat, swung it at Mastromarino several times, calling him a " fucking nigger." One swing connected with Mastromarino's forearm. Thereafter, a motorcycle driver who was following the defendant's vehicle removed his helmet and struck Mastromarino in the head with it, causing him to fall to the ground.[1] The defendant and the others reentered the vehicle and left the scene.

         Mastromarino observed the vehicle license plate number and reported it to the police. Through the registry of motor vehicles and further investigation, police identified the defendant as a possible operator of the vehicle. Mastromarino then identified the defendant's photograph in an array prepared by the police and, ultimately, identified him at trial as the person who assaulted him with a baseball bat.

         The defendant was in court for the entire morning session of the first day of trial, which included Mastromarino's testimony. When court reconvened after the lunch recess at 2:00 p.m., the defendant was not present. The trial judge gave defense counsel time to attempt to locate the defendant. Defense counsel reported that, after several telephone calls, he was unsuccessful [46 N.E.3d 76] in locating the defendant.[2] At 2:30 p.m., the trial judge explained that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.