Commonwealth v. Porter

The defendant appeals from convictions of unarmed burglary, G. L. c. 266, § 15, and possession of burglarious instruments, G. L. c. 266, § 49, based on evidence that he was caught breaking into the home of veteran Springfield police Detective William Kelly.

Around midnight on the evening of June 6-7, 2004, after checking that all of the windows and doors of his house were locked, Detective Kelly heard a noise “like a table moved.” Upon investigation, he observed that the blind on a computer room window was off the window sill and hanging down. He then heard a sound “like metal popping . . .…