Commonwealth v. Kastner

Convicted of two counts of aggravated rape, two counts of intimidation of a witness,1 and of kidnapping, the defendant claims the judge erred in (1) denying the defendant’s motion to suppress recordings of telephone conversations he had when he was at the Berkshire County house of correction (HOC); (2) admitting two spontaneous utterances of the victim contrary to the policy underlying first complaint testimony as set forth in Commonwealth v. King, 445 Mass. 217 (2005), cert, denied, 546 U.S. 1216 (2006); (3) admitting irrelevant and prejudicial evidence of a brown stain; (4) failing properly…