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Commonwealth v. Auditore
Citations: 556 N.E.2d 980; 407 Mass. 793; 1990 Mass. LEXIS 307
Court: Massachusetts Supreme Judicial Court; July 3, 1990; Massachusetts; State Supreme Court
The Supreme Judicial Court of Massachusetts addressed the case of Commonwealth vs. Francis J. Auditore, focusing on the defendant's indictment for involuntary manslaughter due to the alleged unlawful distribution of heroin. The court reviewed two key questions concerning the sufficiency of evidence for the manslaughter charges: whether it supported an indictment for unlawful-act manslaughter and whether it met the standards for wanton and reckless conduct as established in Commonwealth v. Welansky. The court determined that the defendant could not be charged under the unlawful-act manslaughter theory but found sufficient evidence for prosecution based on wanton and reckless conduct. The evidence indicated that on January 28, 1988, the victim, Anne Marie Swanson, contacted the defendant to buy heroin, and subsequently purchased two bags labeled 'Power 95' from him. After using the drug, she was found unresponsive in her bathroom, with evidence of heroin use present, including a hypodermic needle and bags containing heroin. Forensic analysis revealed that the heroin sold to Swanson was significantly stronger than average doses, with the recovered bags containing a high purity level of the drug. The defendant admitted to selling the heroin and had additional bags in his possession at the time of his arrest. The analysis of the victim's blood showed the presence of morphine and codeine, further supporting the case against the defendant. The results indicated a lethal dose of heroin in the deceased, consistent with findings from other heroin overdose cases. Aside from alcohol, no other drugs were detected in her system. In the year of Swanson's death, Massachusetts reported 225 to 315 heroin-related fatalities, with 8 to 12 occurring in Gloucester, two of which involved 'Power 95' heroin. Regarding the charge of unlawful-act manslaughter, the reasoning from the Catalina case applies, leading to a 'no' answer on its applicability here. For the Welansky manslaughter charge, the requirements for involuntary manslaughter focus on whether the defendant exhibited wanton or reckless behavior that could foreseeably result in substantial harm. The evidence against the defendant shows he sold 'Power 95' heroin, which was twice the average dose and had been linked to multiple overdose deaths in Gloucester. It underscores the inherent dangers of distributing heroin of unknown potency. Thus, based on the probable cause standard, this case aligns with the principles established in Catalina, affirming a 'yes' answer to the second queried issue. The judge noted that the only viable charge is under the Welansky standard, and the defendant's causation arguments were dismissed for reasons previously stated in Catalina.