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. Parker

Supreme Judicial Court of Massachusetts, Suffolk

December 7, 2018

COMMONWEALTH
v.
HAROLD PARKER

          Heard: September 12, 2018.

         Indictments found and returned in the Superior Court Department on December 20, 2001.

         A pretrial motion to suppress evidence was heard by Patrick F. Brady, J., and the cases were tried before him; and motions for a new trial and for posttrial discovery, filed on September 1, 2016, were considered by Christine M. Roach, J.

          Richard J. Fallon for the defendant.

          Helle Sachse, Assistant District Attorney (Patrick M. Haggan, Assistant District Attorney, also present) for the Commonwealth.

          Present: Gants, C.J., Gaziano, Lowy, Budd, & Kafker, JJ.

          BUDD, J.

         On the morning of November 4, 2001, the body of the victim, a twenty-one year old woman, was discovered in the Charles River near the Boston side of the Boston University footbridge. The defendant, Harold Parker, was convicted as a joint venturer of kidnapping and murder in the first degree in connection with the death.[1]

         We consolidated his direct appeal with his appeal of the denial of his motions for a new trial and for posttrial discovery, and now affirm. Further, we decline to grant extraordinary relief pursuant to G. L. c. 278, § 33E.

         Background.

         We summarize the facts the jury could have found, reserving certain details for discussion of specific issues. In the fall of 2001, an area adjacent to the main entrance to a public transit station in the Harvard Square area of Cambridge, known as "the Pit," was a gathering place for an assortment of young people, a number of them homeless. The victim and her boyfriend, Gene Bamford, were among those who congregated there.

         In late October, 2001, the defendant and Ismael Vasquez, [2]who held themselves out as senior members of the "Crips" gang, recruited prospective members at the Pit, including the victim, Bamford, Ana White, and Lauren Alleyne.

         After an initiation ceremony, which took place in a nearby cemetery on Halloween night, Ismael, the defendant, and Bamford explained to the assembled group that they would be sent on "missions" to rob people. If a member failed to complete the mission, or otherwise failed to obey the leaders, that member would be given a "violation," that is, a beating. A third violation would result in that member's death. If the offending member could not be found, the gang would kill someone close to that member.

         Beginning that night, members were sent on missions. When enough cash and credit cards had been collected, the group retired to a motel. There, "marriage" ceremonies were conducted in which Bamford was "married" to the victim, the defendant was "married" to Alleyne, and Ismael was "married" to White.

         The next day, at a second meeting in the cemetery, Luis was introduced to the members as one of the leaders of the group. That day and the next, members again were sent out on missions. On November 2, members were to report to the motel where Ismael, Luis, and the defendant were waiting. The victim also remained at the motel because she was considered to be "child-like" and would be a burden to those on missions.

         While in Harvard Square, members, including Bamford and Alleyne, learned that Ismael, Luis, and the defendant were not Crips. Instead, Ismael and Luis were purportedly members of the "Latin Kings" gang, and had been sent to organize a false "set" of Crips. Upon hearing this news, the group renounced their memberships; Bamford devised a plan to obtain a gun and rescue the victim, whom Bamford feared would be in ...


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.