Commonwealth v. Santos

After a bench trial on the charge of criminal trespass (G. L. c. 266, § 120) in Franklin District Court, the defendant, Joanne Santos, was convicted of “trespass by agency.”1 She contends that the trial judge erred (1) in finding that the mechanical hoisting of cement blocks above, but never *702touching, her neighbors’ driveway (which bisected her property) constituted a criminal trespass; and (2) in finding her guilty of trespass by reason of the actions taken by the crane operator whom she had hired to move the cement blocks. Finding no basis upon which the defendant’s conviction may stand, we…