Commonwealth v. Fortunato

(concurring in part and dissenting in part, with whom Cordy and Gants, JJ., join). The court concludes that all of “the defendant’s November 19 statements were made as part of a continuing episode of ‘police questioning,’ ” and thus that they are inadmissible under Commonwealth v. Rosario, 422 Mass. 48, 56-57 (1996) (Rosario).” Ante at 509.1 agree that the defendant’s statements made after the officer said, “The teller stated that you said you had a weapon,” were the product of police questioning. By redirecting the defendant’s hypothetical questions to the circumstances of the crime for…