COMMONWEALTH V. MATSOS 421 Mass. 391 (1995) CASE BRIEF

COMMONWEALTH V. MATSOS

421 Mass. 391 (1995)

NATURE OF THE CASE: This was an appeal from a conviction under a stalking statute.

FACTS: Matsos (D) first met the victim, a Salem police officer, in 1991 when the victim was walking to work and then was confronted by D. Victim then began getting letters from D and over 40 were sent lamenting the victim's perceived indifference to D, were filled with sexual references, many expressed anger with the victim, and there were references to D's dangerous acquaintances. The letters established the fact that D was spying on the victim. D then made allegations to the victim's superiors regarding alleged drug use which instituted an internal affairs investigation which ultimately ended with the allegations being unfounded. During trial, the victim testified that the letters made her feel uncomfortable, that she had changed her address, and obtained telephone caller id service. D then moved for a finding of not guilty as this proof was insufficient to establish that the threats were made with intent to place the victim in imminent fear of death or serious bodily injury. D was convicted and appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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