COMMONWEALTH v. COMENZO

SJC-13119.

489 Mass. 155 (2022)

COMMONWEALTH v. RICHARD COMENZO.

Supreme Judicial Court of Massachusetts, Norfolk.

February 11, 2022.


Attorney(s) appearing for the Case

Patrick J. Noonan ( Scott M. Martin also present) for the defendant.

Tracey A. Cusick , Assistant District Attorney, for the Commonwealth.

Anna E. Lumelsky , Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Matthew Spurlock & David Rangaviz , Committee for Public Counsel Services, Jessie J. Rossman , & Matthew R. Segal , for American Civil Liberties Union of Massachusetts, Inc., & others, amici curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.


The defendant, Richard Comenzo, who was indicted on child pornography charges, sought to suppress evidence obtained after surveillance was conducted at his apartment building via a hidden video camera placed on a nearby public utility pole (pole camera). In Commonwealth v. Mora, 485 Mass. 360, 376 (2020), we determined...

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