We granted the defendant's application for further appellate review, "limited to issues relating to the April 7, 2006, 911 call." After oral argument, we stayed the appeal pending a decision by the United States Supreme Court in Michigan v. The Appeals Court affirmed the judgment of conviction, concluding that "the victim's 911 call was admissible, as it was an excited utterance and was not testimonial." Commonwealth v. The defendant was found guilty of one count of assault and battery of the victim, and the defendant appealed. The judge denied the motion, and, over objection, another judge admitted the tape recording in evidence at trial.
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Recording of the telephone call, contending that, without the victim's testimony, the admission of the tape recording would violate his right to confrontation under the Sixth Amendment to the United States Constitution. After the victim invoked her constitutional rights against self-incrimination, the defendant moved in limine to suppress the tape On April 7, 2006, the victim telephoned the Brockton police department's 911 emergency line and told the police operator that her "boy friend," the defendant, had "just beat up." The defendant was charged in the District Court with two counts of assault and battery in connection with the April 7 incident. Present: Ireland, C.J., Spina, Cordy, Botsford, & Gants, JJ. Kristen Stone, Assistant District Attorney, for the Commonwealth. Skeels, Committee for Public Counsel Services, for the defendant.
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Dinneen, J.Īfter review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.ĭavid M. Evidence, Hearsay, Spontaneous utterance, Testimonial statement.ĬOMPLAINT received and sworn to in the Brockton Division of the District Court Constitutional Law, Confrontation of witnesses. Practice, Criminal, Confrontation of witnesses.