Intimidating a witness mass
Provincetown police Officers James Golden and Thomas Steele arrived at the scene at about A. They handcuffed him and escorted him from the room. He contends, however, that none of his statements was literally and overtly threatening; and that an argument, by itself, is insufficient to warrant a finding of intimidation.
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13B, the evidence, when considered in light of the abusive nature of the defendant's relationship with the witness (his girlfriend) and the vehemence and timing of the defendant's conversations with her regarding the contents of her affidavit and her expected testimony at his bail hearing, was sufficient for a rational jury to conclude that the defendant had endeavored to influence the witness by means of force or threats of force. Thomas Kirkman, Assistant District Attorney, for the Commonwealth. Because we conclude that the evidence was sufficient for the jury to find the defendant guilty beyond a reasonable doubt of witness intimidation, we affirm that conviction.
We have consolidated the defendant's appeal from the denial of the motion for a new trial with his direct appeal. Rather, the jury may consider the context in which the allegedly threatening statement was made and all of the surrounding circumstances." Commonwealth v.
Benjamin also noticed that the skin around Rouvalis's neck was red and blotchy. The defendant acknowledges that he had discussions with Rouvalis concerning the contents of the affidavit which he expected her to prepare and to submit in his case. This characterization of the telephone conversations artificially separates language from emotion and the speakers from their violent history.
The testimony of two hallway eyewitnesses supported Rouvalis's account to Officer Benjamin. The police entered and found the defendant on the bed. The defendant further concedes that these discussions included heated arguments comprised of cursing and screaming. It understates, also, the cumulative force of the multiple conversations.
On August 17, 2003, they spent the day and early evening together, sitting near the ocean and consuming mixed drinks. This circumstance sparked an argument; it quickly escalated to the events underlying the assault and battery charge. She had fled into the hallway and screamed for help.
Rouvalis gave two divergent accounts of those events. The defendant had followed her and grabbed her by the throat. On appeal the defendant argues (1) that the evidence was insufficient to sustain his conviction of intimidating a witness; (2) that the judge should have allowed his motion for a new trial upon both convictions because the defendant's attorney provided ineffective assistance in multiple instances; and (3) that the judge's failure to conduct a hearing upon the defendant's motion for a new trial was error. "The assessment whether the defendant made a threat is not confined to a technical analysis of the precise words uttered. They acquitted him of assault with intent to murder. 529 , 533 (1989) ("[a]n inference drawn from circumstantial evidence 'need only be reasonable and possible; it need not be necessary or inescapable' "). He testified that he had seen a small laceration in the back of her throat, redness around her neck, and blood on her legs. He had accompanied Rouvalis in the ambulance to the Cape Cod Hospital. Sufficiency of the evidence of witness intimidation. 268, § 13B, [Note 5] the Commonwealth must prove beyond a reasonable doubt that "(1) the target of the alleged intimidation was a witness in a stage of a criminal proceeding, (2) the defendant wilfully Page 613 endeavored or tried to influence the target, (3) the defendant did so by means of intimidation, force, or threats of force, and (4) the defendant did so with the purpose of influencing the complainant as a witness." Commonwealth v. Between October 5 and October 17, 2003, the defendant made a series of telephone calls to Rouvalis from jail in which he discussed the contents of the affidavit and her expected testimony at his bail hearing on October 22, 2003. He had begun to move her toward the room by placing his other hand on her back.Tags: Adult Dating, affair dating, sex dating