From William Jewett Jr appeal:
On January 30, 1993, the body of a seventeen year old woman was discovered in a wooded area in Rockland. A Superior Court jury convicted the defendant, William C. Jewett, Jr., the last known person to have seen the victim alive, of her rape and murder in the first degree by deliberate premeditation. On appeal, the defendant claims that the prosecutor acted improperly by not disclosing material evidence to the jury, that his trial counsel rendered ineffective assistance, and that the prosecutor offered false and deceptive evidence to the grand jury. The defendant also argues that the motion judge (who was not the trial judge) abused her discretion by denying his motion for a new trial without holding an evidentiary hearing. Finally, the defendant asserts that three errors — improper expert opinion on sexual assault, lack of an accident instruction, and admission of prejudicial bad acts evidence — none of which was objected to at trial or raised in the motion for a new trial, created a substantial likelihood of a miscarriage of justice mandating exercise of our authority under G. L. c. 278, § 33E, to order a new trial. We affirm the convictions of murder in the first degree and rape, and decline to exercise our power under G. L. c. 278, § 33E.
We summarize the facts in their light most favorable to the Commonwealth, reserving certain details for discussion in connection with the issues raised. The defendant and the victim had known each other socially for a number of years, but had never been romantically involved. On the evening of January 29, 1993, they both attended a party at a mutual friend’s apartment in Weymouth. Sometime before 1 A.M. on January 30, 1993, as the last guests were leaving the party, the defendant said he would drive the victim home. The defendant’s automobile, which was seventeen years old and unregistered, would not start, so a friend in a truck used jumper cables to start it. The automobile was running very noisily and backfiring,
so the friend followed it for a short distance in his truck. The two vehicles parted ways in a parking lot after the defendant said the automobile was fine.
The victim had a 12:30 A.M. curfew. When she failed to arrive home by 1 A.M., her mother telephoned the apartment where the party had been held. By morning, both of the victim’s parents and some of her friends began looking for her in the neighborhood. After learning that the victim had left the party with the defendant, the victim’s father telephoned him. The defendant told him that he had dropped the victim off at the end of her street at about 12:30 A.M., because she wanted to finish her beer before going home.
Later that afternoon, while investigating what looked like a blue rag on his property, a resident of Turner Road in Rockland discovered the victim’s body lying partially covered by pine needles, twigs, and leaves in a wooded area. He telephoned the police. Dr. James Weiner, a State medical examiner, declared the victim dead at the scene and conducted a preliminary examination of the body. His examination revealed that the victim’s lipstick was not smeared, but her blouse was pulled off her left shoulder, and two buttons in the middle of the blouse had been torn off. Her pants were buttoned, but the zipper was open and broken. One leg of her pantyhose had been torn completely off, and one of her boots was missing. Her underwear and pantyhose were rolled up, and she appeared to have been redressed.
Commonwealth v William C Jewett Jr 2004 (conviction and sentence affirmed)
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INMATE INFORMATION
Offender Name: WILLIAM JEWETT
Offender ID:W65623
Date of Birth:
Age:
Race: Unknown
Gender: Male
Custody Status: In Custody
Location of Offender:Old Colony Correctional Center (Medium Security)
