Commonwealth v. Williams

2005-MBAR-730

Commonwealth v. Robert E. Williams

No. CR9908158

Superior Court of Massachusetts

February, 2006

Opinion No.: 92493

As-is Docket Number: NOCR 99-08158

Venue Norfolk

Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): Connolly, Thomas E., J.

Opinion Title: MEMORANDUM OF DECISION AND ORDER ON DEFENDANT ROBERT E. WILLIAMS' MOTION FOR NEW TRIAL

This motion, which was filed as a motion to withdraw a guilty plea, is being treated as a motion for new trial under Mass.R.Crim.P. 30, Commonwealth v. Fanelli, 412 Mass. 497, 504 (1992). On July 19, 2001, the defendant, Robert Williams ("Williams") plead guilty to armed robbery and assault and battery with a dangerous weapon, namely a knife. That plea stems from an incident that occurred on July 26, 1999 and will subsequently be referred to as incident #3. Williams alleges that he was coerced to enter a guilty plea by the plea judge (Connolly, J.). This claim is made notwithstanding the fact that during the plea colloquy at approximately fifteen separate times the court asked, and Williams affirmed, that he was voluntarily pleading guilty (see June 19, 2001 Change of Plea Transcript, pages 13 through 33). For that reason and for the reasons stated below, William's motion is DENIED.

BACKGROUND

The two indictments (later counts) that Williams pled guilty to on July 19, 2001 were part of a series of eleven indictments originally returned by a Norfolk County grand jury on November 17, 1999. All eleven indictments arose from the same or similar modus operandi in four separate incidents over eleven days (July 16, 18, 26 and 27, 1999). Additionally there was a fifth incident in Scituate (Plymouth County) on July 28, 1999, at which time Williams was caught and arrested. The Commonwealth's motion for joinder of these offenses was denied by the court (Butler, J.) in April of 2001. The first four incidents each had to be tried separately in Norfolk Superior Court. Further, the fifth incident (Plymouth Case No. 99-02399) had to be tried separately in Plymouth Superior Court.

The incidents leading to the Norfolk and Plymouth County indictments are alleged to have occurred as follows:

Incident #1

On the evening of July 16, 1999 Suzhen Hu was out walking with her young son on Sewell Ave. towards Harvard Street in Brookline. Around 10: 15 P.M., an older model green or grey car pulled up alongside her and her son. The driver of the car exited the car and grabbed Ms. Hu's handbag which contained her wallet, several credit cards and $50 in cash.

Incident #2

On the evening of July 18, 1999, Mashiro and Mami Nishi, a husband and wife, were walking on Kent Street in Brookline with their two daughters. A tall black man walking in front of them stopped and asked where he could find a chiropractor and where Adams Street was located. The man suddenly slashed with a knife at the pocketbook strap around Ms. Nishi's left shoulder. In doing so he cut her right forearm with the knife. The man then demanded money from Mr. Nishi. Mr. Nishi gave the man his wallet. The man then ran down a way to Sewell Avenue and entered what was described as a teal Ford Escort station wagon bearing a white license plate with green letters. He sped away in the car with the victims' $200 and credit cards. A civilian witness observed the incident from across the street and telephoned the police.

Incident #3

On the evening of July 26, 1999, Florence Poy, a women of Asian decent, was walking on Longwood Avenue toward Harvard Street in Brookline. At 10: 15 P.M. a black man came up behind her, grabbed the bag she was carrying on her shoulder, and attempted to cut the strap. Ms. Poy resisted, and the man stated "Don't make me do something!" When Ms. Poy continued to resist, the man then slashed downward with a knife and cut Ms. Poy's right thumb. The knife was described as having an approximately 8-inch blade. Ms. Poy's thumb was nearly severed from her hand. The man grabbed Ms. Poy's bag and fled across Longwood Avenue. He entered into the driver's side of what was described as small dark colored hatchback car and fled down Sewall Avenue. Ms. Poy's bag contained a unique portable "walkman" radio, a sweatshirt, and an umbrella. This incident led to indictments #108158-'001' (armed robbery) and #108162-'005'(assault and battery with a dangerous weapon).^[1]

Incident #4

A few hours after Ms. Poy was robbed, it now being the early morning of July 27, 1999, a sixty-nine-year-old man, Harold Boulier, was walking on Bridge Street in Weymouth. A man described as African-American, 5'9" in height, and approximately 30 years old approached him from behind. The man knock Mr. Boulier to the ground and stole his wallet, which contained approximately $300 in cash. The man fled in a "bluish" colored car. Mr. Boulier sustained scrapes to his arm and hand. A civilian witness observed the incident and saw the perpetrator enter and drive away in a teal Ford Escort station wagon bearing Massachusetts registration 25 22HX. The civilian witness followed the vehicle. While fleeing the scene it appears the driver of the Escort wagon unknowingly took a turn into a dead-end street. Upon realizing his predicament, he began backing up the street at a high rate of speed. He smashed into both a parked car and the civilian witness's vehicle. The Ford Escort station wagon then drove away, eluding the civilian witness.

Incident #5

On Wednesday, July 29, 1999, Williams was apprehended in Scituate after an unarmed robbery. At that time of his arrest, he was driving a teal Ford Escort station wagon bearing Massachusetts registration 25 22HX. That vehicle was registered to Williams at that time. At the time of his arrest, Williams had possession of Ms. Poy's unique "walkman" radio and umbrella.

The Confession

After his arrest, Scituate police informed the Brookline police that they had Williams in custody. Two Brookline police detectives met with Williams at the Scituate Police station. These detectives gave Williams the Miranda warnings. Williams, after initially disclaiming any knowledge of the Brookline robberies eventually admitted some role in some of them. Defendant's admissions are summarized as follows:

Incident #1 - Williams admitted that he was involved in the robbery of Ms. Hu to the extent that he participated with the occupants of the car in selecting the victim and sharing the profits. He denies that he was the person who actually grabbed the handbag.

Incident #2- Williams claimed to have no knowledge about the July 18, 1999 Brookline incident.

Incident #3 - Williams admitted to the police that he committed this robbery himself. However, notwithstanding Ms. Poy's nearly severed right thumb, the defendant claimed that he never used a knife in the attack.

Incident #4- Defendant stated he didn't remember the Weymouth robbery on July 27, 1999, but stated that he had driven down Route 3A while going home to Scituate that morning, and stated that it could have been possible "that he robbed Mr. Boulier."

The Charges and Dispositions

The first four incidents in Norfolk County led to the following indictments, charges and dispositions:

Incident #1 (Ms. Hu)

The defendant pled guilty to this charge and was sentenced by Butler, J.

Indictment #108164-'007' (robbery); sentenced to 4-5 years concurrent with any sentence being served.

Incident #2 (Mr. And Mrs. Nishi)

Three indictments were tried before Troy, J. in November/December 2002, and the jury returned verdicts of not guilty on all three.

Incident #3 (Ms. Poy)

The defendant pled guilty to these charges and was sentenced by Connolly, J.

Indictment #108158-'001' (armed robbery); sentenced to 12 to 15 years, on and after the 5 years to 5 years and a day sentence that was imposed in Plymouth Superior Court for the unarmed robbery of Mr. Boulier during incident number four.

Indictment #108162-'005' (assault and battery with dangerous weapon, knife); sentenced to 9 to 10 years concurrent with the armed robbery.

Incident #4 (Mr. Boulier)

These indictments stemming from this incident were tried before Chief Justice Robert Mulligan and a jury in March and April of 2003. The jury returned guilty verdicts on the indictments below, and the court sentenced him as indicated.

Indictment #108163-'006'(unarmed robbery of a victim 60+ years old); sentenced to 16-18 years (concurrent with any sentence being served).

Indictment #108161-'004'(assault and battery with deadly weapon, automobile); sentenced to 9-10 year (concurrent with the unarmed robbery of a victim 60+ years old).

Indictment #108166-'009' (operating a motor vehicle so as to endanger); sentenced to two weeks in the house of correction.

Indictments #108167-'010' and #108168-'011' (leaving scene of an accident, property damage resulting); sentenced to two weeks in the house of correction.

Further, Williams has previously been convicted of the following additional crimes:

01/11/83 - Larceny of a Motor Vehicle-Roxbury District Court.

01/18/83 - Assault and Battery with a Dangerous Weapon-West Roxbury District Court.

10/12/84 - Armed Robbery-Suffolk Superior Court.

04/09/86 - Assault and Battery-Dorchester District Court.

12/09/88 - Escape-Boston Municipal Court.

08/08/89 - Assault to Rape-Suffolk Superior Court

02/07/91 - Assault to Rob-Boston Municipal Court.

10/19/91 - Robbery-Plymouth Superior Court.

DISCUSSION

This motion concerns the two indictments arising out of incident #3 as described above. To date the defendant has had five separate attorneys representing him in this case. After the Commonwealth's motion for joinder of all cases was denied by the court (Butler, J.), these two indictments were placed on for trial on June 13, 2001. The case...