Commonwealth v. Charles E. Prater

Practice. Criminal, Competency to stand trial, Presumptions and burden of proof, Admissions and confessions, Voluntariness of confession, Capital case. Due Process of Law, Competency to stand trial. Evidence, Admissions and confessions. Constitutional Law, Admissions and confessions, Waiver of constitutional rights. Waiver. Intoxication. ABRAMS, J. Notwithstanding his defense of lack of criminal responsibility, the defendant was convicted of murder in the first degree by reason of extreme atrocity or cruelty. 1 The defendant appeals on the grounds that (1) the evidence was insufficient to support the trial Judge's determination that he was competent to stand trial; (2) a videotaped confession should have been suppressed as the tainted product of an earlier, suppressed confession; and (3) pursuant to our power under G. L. c. 278, § 33E (1992 ed.), we should order a new trial or enter a lesser degree of guilt. We affirm the conviction. We decline to exercise our power under G. L. c. 278, § 33E, in favor of the defendant and order a new trial or enter a verdict of a lesser degree of guilt.