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IN THE MATTER OF A GRAND JURY SUBPOENA

454 Mass. 685 (2009)

IN THE MATTER OF A GRAND JURY SUBPOENA.

Supreme Judicial Court of Massachusetts, Suffolk.

September 11, 2009.

Attorney(s) appearing for the Case

Ellen M. Caulo for Suffolk County Sheriff's Department.

John P. Zanini, Assistant District Attorney, for the Commonwealth.

Jonathan Shapiro (Patricia L. Garin with him) for Committee for Public Counsel Services & others, amici curiae.

Patrick C. Lee, for Joseph D. McDonald, Jr., amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

IRELAND, J.

This case requires us to decide whether the constitutionally protected privacy rights of a pretrial detainee or an inmate are violated where, in response to a grand jury subpoena, a sheriff provides to a grand jury recordings of telephone calls made by such a detainee or inmate.1 A Superior Court judge denied a motion to quash made by the sheriff, and entered a finding of contempt...

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