At trial, the defendant did not contest the evidence showing that he had assaulted and battered Poisson and killed Mejia. He introduced evidence to support his claim that he had been under the influence of alcohol and cocaine at the time of the events. He argued that the jury could consider this evidence in deciding whether the Commonwealth had met its burden of proving his state of mind beyond a reasonable doubt. The defendant argued also that he had stabbed Mejia while in the heat of passion after learning that Poisson was romantically involved with Mejia. In addition, the defendant maintained that he had a lawful right to enter Poisson's home, [Note 8] and therefore that he could not be guilty of armed burglary and could not be guilty of felony-murder predicated on the armed burglary.
2. Prosecutor's closing argument. In his closing argument, the prosecutor asked the jurors to hold the car battery charger pack used by the defendant to strike Poisson. He urged them to "try to picture in your mind's eye being struck in the head, a person being struck in the head with that object. Imagine what it was like for her to receive those blows." The defendant argues, and the Commonwealth concedes, that this statement was improper. See Commonwealth v. Bizanowicz, 459 Mass. 400, 420 (2011) ("jury should not be asked to put themselves 'in the shoes' of the victim, or otherwise be asked to identify with the victim").
They have also a small gold coin worth two dollars. And that reminds me of something. When Morocco is in a state of war, Arab couriers carry letters through the country, and charge a liberal postage. Every now and then they fall into the hands of marauding bands and get robbed. Therefore, warned by experience, as soon as they have collected two dollars' worth of money they exchange it for one of those little gold pieces, and when robbers come upon them, swallow it. The stratagem was good while it was unsuspected, but after that the marauders simply gave the sagacious United States mail an emetic and sat down to wait.
aa06259810