Commonwealth v. McMahon

Following a jury trial in the Superior Court, the defendant was convicted on two indictments charging intimidating a witness, in violation of G. L. c. 268, § 13B.2 The convictions were based on evidence that the defendant posted threatening messages to his ex-wife and daughter on "Facebook" at a time when they were potential witnesses in a pending sexual assault investigation.3 On appeal, the defendant claims that (1) the judge abused her discretion in allowing the Facebook post in evidence because it was not properly authenticated, and (2) the evidence was not sufficient to prove that he…