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. Galipeau

Appeals Court of Massachusetts, Norfolk

May 16, 2018

COMMONWEALTH
v.
ROBERT GALIPEAU

          Heard: October 4, 2017.

         Indictments found and returned in the Superior Court Department on May 23, 2013.

         A pretrial motion to suppress evidence was heard by Kenneth J. Fishman, J., and the cases were tried before Thomas A. Connors, J.

          Barbara A. Munro for the defendant.

          Stephanie Martin Glennon, Assistant Attorney General, for the Commonwealth.

          Present: Green, Hanlon, & Neyman, JJ.

          HANLON, J.

         After a jury trial, the defendant, Robert Galipeau, was convicted of armed robbery arising from the gunpoint theft of cash from three men at approximately 1 A.M. on April 18, 2013, immediately after the victims left the Assembly Bar in Quincy. The sole issue at trial was the identification of the robber. The defendant argues on appeal that his motion to suppress a photographic identification should have been allowed and that the trial judge improperly allowed an in-court identification. We affirm.

         1. Motion to suppress photographic identification.

         "We recite the facts as found by the motion judge, supplemented by uncontroverted testimony" submitted during the evidentiary hearing on the motion to suppress. Commonwealth v. Cordero, 477 Mass. 237, 238 (2017). We accept all of the judge's factual findings, none of which is clearly erroneous. See Commonwealth v. Borgos, 464 Mass. 23, 32 (2012) .

         After the robbery, Leo Tang, one of the victims, told the police that the robber had followed him and his two friends from the Assembly Bar to his car across the street. Tang described the robber as a white male, approximately five feet, ten inches tall, scruffy looking, with facial hair, and wearing a hooded sweatshirt, gray shirt, and jeans. Tang had seen the man in the bar earlier that night, with a Budweiser beer next to him. After the police received this information from Tang, an officer met with Robert Sylva, the bar manager, to view surveillance videotape. The videotape depicted a white man drinking a Budweiser at a table; he fit the description Tang had given. Sylva told the officer that the person drinking a Budweiser in the video was the defendant.

         Once the police had the defendant's name, two officers went to his home and knocked on his front door but received no answer. They went toward the rear door, and, while walking along the right side of the house, they saw the defendant standing at the sink in the kitchen of the ground floor apartment. The officers then went back to the front door and knocked again. They knocked on the door without response for a lengthy period of time before the defendant finally answered. He was wearing only a pair of jeans and sneakers, and his face appeared to be freshly shaved, with cuts on his upper and lower lip that were actively bleeding.

         At approximately 3 A.M., police officers brought Tang, in a police cruiser, to the street outside the defendant's house for a showup identification procedure. Tang viewed the defendant, who was standing on the sidewalk, for five to ten minutes. Tang did not identify the defendant as the robber at that time, saying that he could not be sure of an identification because the robber had been scruffier, with facial hair.

         Later that day, Quincy Police Detective Ricky Wash created a computer-generated photo array, including the defendant's photo and six other photos of men with similar physical characteristics.[1] The photo identification procedure was administered ...


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.