Commonwealth v. LaPierre

Commonwealth v. Roger LaPierre

Commonwealth v. LaPierre, 408 N.E.2d 883 (Mass. App. Ct. 1980)

Court: Massachusetts Appeals Court · State Appellate Courts
Decided: August 22, 1980
Citations: 408 N.E.2d 88310 Mass. App. Ct. 8711980 Mass. App. LEXIS 1293

Cited by 12 2 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The defendant appeals from his conviction on an indictment charging aiding, counseling or procuring the burning of a building (G. L. c. 266, § 2) on the sole ground that the trial judge erred in excluding evidence as to the bad reputation for truth and veracity of a key prosecution witness. There was no error.

The key witness had been a short order cook at the defendant’s restaurant. The excluded evidence was that of a waitress at the restaurant who testified at a voir dire hearing that among her fellow workers, namely two waitresses and a cook, the key witness’s reputation was that “she wouldn’t know the truth if it hit her in the face.”

Although by reason of G. L. c. 233, § 21A, evidence of a person’s reputation is not limited to his reputation in the community in which he resides, but can also be shown by his reputation in the community in which he works, the trial judge has discretion to exclude such evidence if he determines that it is based on the opinions of too limited a group. See Commonwealth v. Belton, 352 Mass. 263, 269 , cert. denied, 389 U.S. 872 (1967).

This is so because “evidence of specific . . . opinions may not be used to prove reputation . . . .” Commonwealth v. United Food Corp., 374 Mass. 765, 769 (1978). The impeaching evidence must be of general reputation and not the private opinions of a few persons. F.W. Stock & Sons v. Dellapenna, 217 Mass. 503, 506 (1914). Commonwealth v. Belton, 352 Mass. at 269 . See generally Leach & Liacos, Massachusetts Evidence 121-122 (4th ed. 1967). Compare Fed.R.Evid. 608(a) and proposed Mass.R.Evid. 608(a) (July, 1980). It is only where the sources are sufficiently numerous and general that they are viewed as trustworthy. Commonwealth v. United Food Corp., 374 Mass. at 769 . See Commonwealth *872 v. Edmonds, 365 Mass. 496, 503-504 (1974). See also McCormick, Evidence § 44, at 92-93 (2d ed. 1972); People v. Colantone, 243 N.Y. 134, 139 (1926); People v. Paisley, 214 Cal. App. 2d 225, 233 (1963).

H. Hoover Garabedian for the defendant. Lynn Morrill Turcotte, Assistant District Attorney, for the Commonwealth.

“We hold that, in view of the extremely narrow compass of the [witness’s] business associations . . . the judge in his discretion was warranted in ruling that there was not a sufficient basis for reputation testimony.” Commonwealth v. Belton, 352 Mass. at 269 .

Judgment affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(proper to exclude testimony as to witness’s bad reputation where judge determines such testimony was based on opinions of too limited a group)

Commonwealth v. Edgerly, 435 N.E.2d 641 (Mass. App. Ct. 1982)
(testimony of waitress based on reputation among two other waitresses and a cook)

Commonwealth v. Sheline, 461 N.E.2d 1197 (Mass. 1984)

Cited by 12 cases

View all citing references →

Relies on it most ⓘ

Commonwealth v. Arthur575 N.E.2d 1147 (Mass. App. Ct. 1991)
Commonwealth v. Gomes416 N.E.2d 551 (Mass. App. Ct. 1981)
Commonwealth v. Connors120 N.E.3d 743 (Mass. App. Ct. 2019)
Commonwealth v. Dockham542 N.E.2d 591 (Mass. 1989)
Commonwealth v. Sheline461 N.E.2d 1197 (Mass. 1984)
Commonwealth v. Edgerly435 N.E.2d 641 (Mass. App. Ct. 1982)

Most recent

Commonwealth v. Connors120 N.E.3d 743 (Mass. App. Ct. 2019)
Commonwealth v. Padraic P.102 N.E.3d 1031 (Mass. App. Ct. 2018)
Gardner v. CommonwealthNo. 131166 (Va. June 5, 2014)
Commonwealth v. Phachansiri645 N.E.2d 60 (Mass. App. Ct. 1995)
Commonwealth v. Arthur575 N.E.2d 1147 (Mass. App. Ct. 1991)
Commonwealth v. Dockham542 N.E.2d 591 (Mass. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

Depth	Case	Cited by
	Commonwealth v. Belton, 225 N.E.2d 53 (Mass. 1967)	37
	Commonwealth v. United Food Corp., 374 N.E.2d 1231 (Mass. 1978)	32
	Commonwealth v. Edmonds, 313 N.E.2d 429 (Mass. 1974)	42
	People v. Colantone, 152 N.E. 700 (N.Y. 1926)	26
	F. W. Stock & Sons v. Dellapenna, 105 N.E. 378 (Mass. 1914)	18
	People v. Paisley, 214 Cal. App. 2d 225 (1963)	8

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