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COMMONWEALTH v. ROUSSEAU

Nos. SJC-11227, SJC-11228.

465 Mass. 372 (2013)

COMMONWEALTH v. JOHN ROUSSEAU. COMMONWEALTH v. MICHAEL DRESLINSKI.

Supreme Judicial Court of Massachusetts, Worcester.

June 5, 2013.

Attorney(s) appearing for the Case

Brandon L. Campbell for John Rousseau.

Andrew S. Crouch for Michael Dreslinski.

Eileen M. O'Brien & Jennifer L. Sullivan, Assistant Attorneys General, for the Commonwealth.

Beth L. Eisenberg, Committee for Public Counsel Services, & Matthew R. Segal & John Reinstein, for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Kit Walsh, for Electronic Frontier Foundation, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

CORDY, J.

In separate trials, John Rousseau and Michael Dreslinski were each convicted of four indictments charging arson, G. L. c. 266, § 2; one indictment charging breaking and entering in the nighttime with intent to commit a felony, G. L. c. 266, § 16; one indictment charging malicious destruction of property over $250, G. L. c. 266, § 127; and one indictment charging malicious injury to a railroad, G. L. c. 160, § 225. The convictions arose...

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