Heard: September 12, 2018.
found and returned in the Superior Court Department on
December 20, 2001.
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.
Sachse, Assistant District Attorney (Patrick M. Haggan,
Assistant District Attorney, also present) for the
Present: Gants, C.J., Gaziano, Lowy, Budd, & Kafker, JJ.
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.
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.
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.
October, 2001, the defendant and Ismael Vasquez,
held themselves out as senior members of the
"Crips" gang, recruited prospective members at the
Pit, including the victim, Bamford, Ana White, and Lauren
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.
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.
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
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 ...