Commonwealth v. Rosario

The defendant was convicted of murder in the first degree on theories of extreme atrocity or cruelty and felony murder. Aggravated rape was the underlying offense for felony-murder. On appeal he argues that the judge should have excluded testimony of the victim’s roommate relating to a telephone conversation she had with the victim close to the time of the murder. He also challenges statements made by the prosecutor during closing argument. We affirm the convictions. We conclude that there is no basis for granting the defendant relief under G. L. c. 278, § 33E.

*5061. We recite the evidence in the…