COMMONWEALTH v. CALLENDER

No. 10-P-1385.

81 Mass. App. Ct. 153 (2012)

COMMONWEALTH v. BRANDON CALLENDER.

Appeals Court of Massachusetts, Bristol.

January 23, 2012.


Attorney(s) appearing for the Case

Steven E. Gagne , Assistant District Attorney ( Garrett R. Fregault , Assistant District Attorney, with him) for the Commonwealth.

John D. Moses for the defendant.

Present: GRASSO, KATZMANN, & RUBIN, JJ.


KATZMANN, J.

The defendant, Brandon Callender, brought a motion to suppress statements he made during a police interrogation, arguing that the police did not scrupulously honor his invocation of his right to remain silent, in violation of the Fifth Amendment to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights. After a four-day suppression hearing, during which the motion judge reviewed a video

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