Commonwealth v. Chase

Suspected of breaking into and setting fire to his father-in-law’s business, the defendant, Brian E. Chase, twice told a police investigator that he was not talking. At trial, over defense counsel’s objection, the officer testified to both statements. The judge struck both statements.

The defendant was convicted of burning personalty in violation of G. L. c. 266, § 5; breaking and entering in the nighttime with intent to commit a felony, in violation of G. L. c. 266, § 16; and malicious destruction of property over $250, in violation of G. L. c. 266, § 127. On appeal he raises a variety of…