Commonwealth v. Lemaire

After a jury trial in the District Court, the defendant was convicted of assault and battery on a family or household member, and threatening to commit a crime.2 He now appeals, arguing that the judge committed prejudicial error by admitting in evidence a recording of a 911 telephone call made by an eleven year old child who did not testify. The defendant contends that the recording contained testimonial hearsay statements, thus violating the rules of evidence, and his right, under the Sixth Amendment to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights, to…