COMMONWEALTH v. LEAVEY

No. 02-P-674.

60 Mass. App. Ct. 249 (2004)

COMMONWEALTH v. MICHAEL LEAVEY.

Appeals Court of Massachusetts, Berkshire.

January 2, 2004.


Attorney(s) appearing for the Case

Ronald H. Cody for the defendant.

Rachael T. Eramo, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, BECK, & GREEN, JJ.


GREENBERG, J.

When at midnight on July 22, 2001, the victim sought refuge from the defendant, she fled through the woods to a nearby house. Her neighbor was still awake and heeded her cry for help. The victim made no bones about the reason: "He's going to kill me, he's going to kill me, you have to help me." The neighbor immediately called 911 while the victim closeted herself in the neighbor's upstairs bathroom...

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