Commonwealth v. Tanso

The defendant, Paul Tanso, appeals from two convictions of murder in the first degree. The main issue on appeal is the trial judge’s admission in evidence, over objection, of the deposition testimony of an unavailable witness who had not been cross-examined. For the reasons stated in this opinion, we conclude that the defendant did not waive his right to cross-examine the witness. Therefore, the admission of the deposition testimony violated the defendant’s right to confrontation under the Sixth Amendment to the United States Constitution. Accordingly, the defendant is entitled to a new trial.…