Commonwealth v. Dembowski

The defendant appeals from an order revoking his probation for violating a special condition prohibiting electronic contact with individuals under the age of sixteen.2 The defendant claims that the finding of a probation violation was impermissibly premised on unsworn testimony and unreliable hearsay evidence of his activity on Facebook. We vacate the order.

Background. The defendant was convicted of two counts of indecent assault and battery on a child under fourteen years of age in violation of G. L. c. 265, § 13B.3 He was placed on probation for a period of three years.4 The sentencing…