Commonwealth v. Casiano

In the circumstances of this case, we hold that the act of pointing of a cellular telephone camera at a witness waiting to testify in a criminal proceeding constitutes intimidation. We thus affirm the conviction of the defendant.

Background. A jury in the Dorchester Division of the Boston Municipal Court Department convicted the defendant, David Casiano, of intimidation of a witness in violation of G. L. c. 268, § 13B.1 He appeals, claiming that the trial judge erred *706by (1) not granting his motion for a required finding of not guilty; (2) misapplying G. L. c. 233, § 79J, and denying his…