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COMMONWEALTH v. DiBENEDETTO

414 Mass. 37 (1992)

605 N.E.2d 811

COMMONWEALTH vs. FRANK DIBENEDETTO (and three companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

December 28, 1992.

Attorney(s) appearing for the Case

Wendy Sibbison for Frank DiBenedetto.

Andrew L. Mandell for Louis R. Costa.

Jane A. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, & O'CONNOR, JJ.

ABRAMS, J.

The defendant, Frank DiBenedetto, is one of three defendants convicted of murder in the first degree for the killing of Joseph Bottari and Frank Angelo Chiuchiolo. See Commonwealth v. Tanso, 411 Mass. 640, cert. denied, 112 S.Ct. 3033 (1992). The main issue in Tanso was whether the "the trial judge's admission in evidence, over objection, of the deposition testimony of an unavailable witness who had...

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