Commonwealth v. Callender

Kane, Robert J., J.

Facing indictments for assault and battery with a dangerous weapon, armed assault with intent to murder and first degree murder, the defendant, Brandon Callender, moves to suppress statements gathered by the Commonwealth, pursuant to G.L.c. 277, §68. He maintains that subpoenaing records of his telephone conversations while housed at the Suffolk and Bristol County Houses of Correction contravened G.L.c. 277, §68 and violated his privacy rights protected under the United States and Massachusetts Constitutions.

As an independent ground for suppressing the records, Callender…