Commonwealth v. Richardson

A jury convicted the defendant, Heath Richardson, of murder in the first degree on the theory of deliberate premeditation. The defendant appeals, arguing that the judge erred in denying his request for a missing witness instruction and by instructing the jurors that they had to consider murder in the second degree before considering murder in the first degree. We affirm the conviction. We decline to exercise our power under G. L. c. 278, § 33E, in favor of the defendant.

The jury could have found the facts to be as follows. The victim, Jamal Graham, was at a barbecue at a friend’s house. The…