Commonwealth v. Russell

The sole issue on appeal is whether a District Court judge properly denied the motion of the defendant, William Russell, for a required finding of not guilty at the close of the Commonwealth’s case.1 The Commonwealth had proceeded against the defendant for violation of an outstanding “no contact” restraining order, contrary to G. L. c. 209A, § 7, by telephoning his former wife (wife) from his jail cell on December 15, 1996, and by enlisting a third person to place a telephone call to his wife on that same date.2 The defendant as*308serts that the judge erred because the evidence of his guilt was…