Commonwealth v. Lao (2005)

On direct review of - 14 - Gomes's conviction, the SJC explained that it would "determine whether the evidence, viewed in the light most favorable to the Commonwealth, 'was sufficient to persuade a rational jury beyond a reasonable doubt of the existence of every element of the crime[s] charged.'" Gomes I, 61 N.E.3d at 447 (alteration in original) (quoting Commonwealth v. Lao, 824 N.E.2d 821, 829 (Mass. 2005)).6 Viewing the evidence in the light most favorable to the Commonw…

See Commonwealth v. Miranda, 458 Mass. 100, 113 (2010)("To the extent that conflicting inferences may be drawn from the evidence, it is for the jury to decide which version to credit"); Lao, 443 Mass. at 779 ("If, from the evidence, conflicting inferences are possible, it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province").

Circumstantial evidence is competent to establish guilt beyond a reasonable doubt, Commonwealth v. Nadworny, 396 Mass. 342, 354 (1985), cert. denied, 477 U.S. 904 (1986), and the reasonable inferences drawn from such evidence "need not be necessary or inescapable," only "reasonable and possible" (citation omitted), Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

It was therefore a fair inference that the card belonged to the defendant and that he had used the victim's name and personal information to open it.5 See Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011) (inferences need only be reasonable and possible, not necessary or inescapable).

See Lao, supra ("it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province"); Commonwealth v. Melchionno, 29 Mass. App. Ct. 939, 940 (1990) ("It does not matter that some of the evidence could be characterized as equivocal or contradictory").

Commonwealth v. Lao, 443 Mass. 770, 779 (2005).

See Linton, 456 Mass. at 544 , quoting Lao, 443 Mass. at 779 ("inferences a [fact finder] may draw from the evidence 'need only be reasonable and possible and need not be necessary or inescapable'").

See also Lao, 443 Mass. at 779 ("[if], from the evidence, conflicting inferences are possible, it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly in their province").

"If, from the evidence, conflicting inferences are possible, it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005).

Commonwealth v. Lao, 443 Mass. 770, 779 (2005).

See Commonwealth v. Lao, 443 Mass. 770, 779-780 (2005) (“[T]he evidence of a defendant’s guilt may be . . . entirely circumstantial. . . .

"If, from the evidence, conflicting inferences are possible, it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007), and 460 Mass. 12 (2011).

If conflicting inferences can be drawn from the evidence, "it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

"If, from the evidence, conflicting inferences are possible, it is for the [fact finder] to determine where the truth lies, for the weight and credibility of the evidence is wholly within [its] province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007), and 460 Mass. 12 (2011).

In so doing, we bear in mind that guilt may be established by circumstantial evidence "and that the inferences a jury may draw from the evidence 'need only be reasonable and possible and need not be necessary or inescapable.'" Commonwealth v. Linton, 456 Mass. 534, 544 (2010), quoting Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007).

We review this claim, considering the evidence introduced at trial in the light most favorable to the Commonwealth, to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, see Commonwealth v. Latimore, 378 Mass. 671, 677-678 (1979), bearing in mind that guilt may be established by circumstantial evidence "and that the inferences a jury may draw from the evidence 'need only be reasonable and possible and …

See Commonwealth v. Lao, 443 Mass. 770, 779 (2005) ("If, from the evidence, conflicting inferences are possible, it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province").

"If, from the evidence, conflicting inferences are possible, it is for the [factfinder] to determine where the truth lies, for the weight and credibility of the evidence is wholly within [her] province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 4 (2011).

Given Wiggins' testimony, it was "wholly within [the jury's] province" to conclude that Kydd was in uniform, Commonwealth v. Lao, 443 Mass. 770, 779 (2005), and that the defendant knew that Kydd was a police officer.

"If, from the evidence, conflicting inferences are possible, it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005).

Additionally, "inferences a jury may draw from the evidence 'need only be reasonable and possible and need not be necessary or inescapable.'" Commonwealth v. Linton, 456 Mass. 534, 544 (2010), quoting Commonwealth v. Lao, 443 Mass. 770, 779 (2005).

Inferences "need only be reasonable and possible and need not be necessary or inescapable." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011), quoting Commonwealth v. Longo, 402 Mass. 482, 487 (1988).

"If, from the evidence, conflicting inferences are possible, it is for the [factfinder] to determine where the truth lies, for the weight and credibility of the evidence is wholly within [its] province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

"If, from the evidence, conflicting inferences are possible, it is for the [fact finder] to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

We review this claim, considering the evidence introduced at trial in the light most favorable to the Commonwealth, to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, Latimore, 378 Mass. at 677-678 , bearing in mind that guilt may be established by circumstantial evidence "and that the inferences a jury may draw from the evidence 'need only be reasonable and possible and need not be necessary or ine…

Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

The defendant argues that, considering that the officer had been working in a men's prison for nearly five years, her testimony "lacked any credibility," but "it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province." Commonwealth v. Malone, 100 Mass. App. Ct. 399, 404 (2021), quoting Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

"If, from the evidence, conflicting inferences are possible, it is for the [factfinder] to determine where the truth lies, for the weight and credibility of the evidence is wholly within [its] province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

"If, from the evidence, conflicting inferences are possible, it is for the [fact finder] to determine where the truth lies, for the weight and credibility of the evidence is wholly within [its] province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

"If, from the evidence, conflicting inferences are possible, it is for the [factfinder] to determine where the truth lies, for the weight and credibility of the evidence is wholly within [its] province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

See Commonwealth v. Lao, 443 Mass. 770, 779 (2005) ("If, from the evidence, conflicting inferences are possible, it is for the jury to determine where the truth 4 lies, for the weight and credibility of the evidence is wholly within their province"). 2.

"In reviewing a denial of a motion for a required finding of not guilty, our inquiry is whether the evidence, viewed in the light most favorable to the Commonwealth, was sufficient to satisfy a rational trier of fact that the essential elements of the crime have been proven beyond a reasonable doubt." Commonwealth v. Vazquez, 69 Mass. App. Ct. 622, 626 (2007). "[W]e keep in mind that the evidence relied on to establish a defendant's guilt may be entirely circumstantial, . . …

"If, from the evidence, conflicting inferences are possible, it is for the [factfinder] to determine where the truth lies, for the weight and credibility of the evidence is wholly within [its] province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

The jury may primarily or entirely rely on circumstantial evidence, and "the reasonable inferences drawn from such evidence 'need not be necessary or inescapable,' only 'reasonable and possible.'" Id., quoting Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

L. c. 234A, § 67A." 8 Commonwealth v. Robertson, 480 Mass. 383, 389 (2018), quoting Commonwealth v. Lao, 443 Mass. 770, 777 (2005).

Evidence relied on to support a verdict of guilty "may be entirely circumstantial." Commonwealth v. Whitaker, 460 Mass. 409, 416 (2011). "[T]he inferences a jury may draw from the evidence 'need only be reasonable and possible and need not be necessary or inescapable.'" Id., quoting Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

The defendant's claim of self-defense was not directed at the operative assault -- the initial pushing of the victim as she tried to retrieve her phone, but rather, related to a later incident where the 3 The defendant's claim that the Commonwealth's case rested on illogical speculation is directed more to the weight and credibility of the victim's testimony, rather than the sufficiency of the evidence presented.4 It is well settled that "[i]f, from the evidence, conflicting…

See Commonwealth v. Lao, 443 Mass. 770, 779 (2005) ("If, from the evidence, conflicting inferences are possible, it is for the [fact finder] to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province").

To the extent that the defendant attempts to explain its source as "tips" from his job as a TGI Friday's restaurant cleaner, neither the jury nor the judge who denied the new trial motion were required to credit that rationale. 7 See Commonwealth v. Lao, 443 Mass. 770, 779 (2005) ("it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province").

Commonwealth v. Lao, 443 Mass. 770, 779 (2005).

Circumstantial evidence is competent to establish guilt beyond a reasonable doubt, Commonwealth v. Nadworny, 396 Mass. 342, 354 (1985), cert. denied, 477 U.S. 904 (1986), and the reasonable inferences drawn from such evidence "need not be necessary or inescapable," only "reasonable and possible" (citation omitted), Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007). "[F]indings drawn partly or wholly from testimonial evidence are accorded deference and not set aside unless clearly erroneous," Commonwealth v. Tremblay, 480 Mass. 645, 655 (2018), but where the judge's factual findings are "predicated not on the assessment of witness credibility but rather on documentary materials," Commonwealth v. Pugh, 462 Mass. 482, 495 (2012), such as an audio recording, we rev…

Although a conviction may be based entirely on circumstantial evidence, and the inferences drawn need only be reasonable, not inescapable, see Commonwealth v. Rakes, 478 Mass. 22 , 32, 45 (2017), a "conviction may not rest on the piling of inference upon inference or on conjecture and speculation," Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011), citing Commonwealth v. Swafford, 441 Mass. 329 , 339–343 (2004).

"If, from the evidence, conflicting inferences are possible, it is for the jury to determine where the truth lies, for the weight and credibility of the evidence is wholly within their province." Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

A motion for a required finding of not guilty is a challenge to the sufficiency of the evidence, see, e.g., Commonwealth v. Jones, 432 Mass. 623, 625 (2000), and we review the judge's ruling under the Latimore standard, "viewing the evidence in the light most favorable to the Commonwealth and ask[ing] whether the evidence and inferences reasonably drawn therefrom were 'sufficient to persuade a rational jury beyond a reasonable doubt of the existence of every element of the c…

However, "it is for the jury to determine where the truth lies, 12 for the weight and credibility of the evidence is wholly within their province." Cole, 473 Mass. at 334 , quoting Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011).

In the absence of any such evidence, and based on the fact that the buttocks and face are on opposite sides of the body, the judge could rely on her own "experience and common sense," see Commonwealth v. Lao, 443 Mass. 770, 779 (2005), to discredit the defendant's explanation and conclude, instead, that she had intended to strike the child in the face.

Although the Commonwealth did not present direct evidence of possession of the cocaine on behalf of the juvenile, "evidence of a [juvenile's delinquency] may be primarily or entirely circumstantial." Commonwealth v. Lao, 443 Mass. 770, 779 (2005).

"We review the denial of a motion for a required finding of not guilty to determine whether the evidence, viewed in the light most favorable to the Commonwealth, 'was sufficient to persuade a rational jury beyond a reasonable doubt of the existence of every element of the crime[s] charged.'" Commonwealth v. Gomes, 475 Mass. 775, 781 (2016), quoting from Commonwealth v. Lao, 443 Mass. 770, 779 (2005).

Commonwealth v. Lao, 443 Mass. 770, 779 (2005), S.C., 450 Mass. 215 (2007) and 460 Mass. 12 (2011). *453 Finally, the defendant’s actions, including hiding his bloodstained leather jacket, and his misstatements, including his supposed interactions with the victim prior to the shooting, demonstrated his consciousness of guilt.