Heard: September 5, 2017.
received and sworn to in the Dorchester Division of the
Boston Municipal Court Department on March 23, 2015.
case was tried before Thomas S. Kaplanes, J.
Christie L. Nader (Dana Alan Curhan also present) for the
M. Campbell, Assistant District Attorney (Dana M. Goheen,
Assistant District Attorney, also present) for the
Present: Milkey, Hanlon, & Shin, JJ.
convicted the defendant of assault and battery and
threatening to commit a crime against the person or property
of another. On appeal the defendant argues that the trial
judge abused his discretion in admitting the victim's
in-court identification of the defendant, that the prosecutor
elicited inadmissible testimony identifying the defendant as
one of the people seen on video surveillance footage, and
that the prosecutor made improper statements in his closing
argument. We affirm.
jury could have found the following facts. On the day of the
crime, the victim, Alejandro Gonzalez, and his supervisor,
Susan Wall, both letter carriers for the United States Postal
Service, were working in the Roxbury section of Boston. After
delivering mail to a pizzeria and exiting onto the sidewalk,
Gonzalez encountered a man who looked at him as though he
recognized him. The man then grabbed Gonzalez by the
shoulder, hit him on the head, and pointed at him with his
hand in the shape of a gun and stated, "I know your
face. Boom, boom, boom."
immediately went to Wall and told her what had happened. They
returned to the pizzeria, where Gonzalez pointed out a man
inside as the person who attacked him. Wall confronted the
man and told him not to put his hands on a postal worker.
month later, a Boston police detective showed Gonzalez a
photographic array consisting of eight
photographs.Gonzalez initially believed that two of the
photographs looked similar to his assailant but, after
reviewing those two, made a positive identification of the
defendant, writing underneath his photograph, "He looks
like the person." At that point the detective placed the
defendant's photograph facedown and showed Gonzalez the
rest of the photographs in the array; Gonzalez did not
identify anyone else as the person who assaulted him.
detective separately showed Wall a photographic array
consisting of eight photographs. Wall also made a positive
identification of the defendant, writing underneath his
photograph, "'[E]yes' seem familiar." The
detective proceeded to show Wall the rest of the photographs,
but she did not identify any of them as the man she
confronted in the pizzeria.