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COMMONWEALTH v. HAMILTON

No. SJC-10718.

459 Mass. 422 (2011)

COMMONWEALTH v. KENNETH G. HAMILTON.

Supreme Judicial Court of Massachusetts, Middlesex.

April 15, 2011.

Attorney(s) appearing for the Case

Kathryn Hayne Barnwell for the defendant.

Anne Paruti, Assistant District Attorney (Kevin J. Curtin, Assistant District Attorney, with her) for the Commonwealth.

Michael J. Fellows, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

After he left a voicemail message for a probation officer in which he implied that he could cause harm to her young daughter, the defendant, Kenneth G. Hamilton, was charged by complaint and subsequently convicted by a jury of threatening to commit a crime, in violation of G. L. c. 275, § 2, and intimidating a witness, in violation of G. L. c. 268, § 13B. For the reasons that follow, we affirm the...

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