COMMONWEALTH v. DiGIAMBATTISTA


442 Mass. 423 (2004)

COMMONWEALTH v. VALERIO DiGIAMBATTISTA.

Supreme Court of Massachusetts, Middlesex.

August 16, 2004.


Attorney(s) appearing for the Case

John A. Baccari (William J. Barabino with him) for the defendant.

Kevin J. Curtin, Assistant District Attorney (Alexandra T. Camp, Assistant District Attorney, with him) for the Commonwealth.

The following submitted briefs for amici curiae:

David M. Siegel for Suffolk Lawyers for Justice, Inc., & another.

Carlo Obligato, Committee for Public Counsel Services, & Marco Rechenberg, of New York, for Committee for Public Counsel Services.

Thomas F. Reilly, Attorney General, Cathryn Neaves, Assistant Attorney General, & Robert J. Bender, Assistant District Attorney, for the Attorney General & others.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.


SOSMAN, J.

The defendant, Valerio DiGiambattista, was convicted of burning a dwelling house (G. L. c. 266, § 1). That conviction rested, in large measure, on DiGiambattista's confession to the police during an unrecorded interrogation at a fire station. It is undisputed that, in an effort to obtain his confession, the interrogating officers resorted to trickery, falsely suggesting to DiGiambattista that his presence...

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