Commonwealth v. Tavares

After a jury trial, the defendant, David Tavares, was convicted of murder in the first degree. He was sentenced to the mandatory term of life imprisonment. Tavares appeals. He claims error concerning (1) the denial of his motion to suppress statements made by him to police officials; (2) the instructions to the jury; (3) the denial of a motion for mistrial based on juror misconduct; 3 and (4) a variance between the Commonwealth’s proof and its bill of particulars. Tavares also requests that we exercise our power under G. L. c. 278, § 33E, and reduce the verdict to a lesser degree of guilt. We…