Re: Bach Aristocrat Bb Flugelhorn

Commonwealth v. Bibbo, 50 Mass. App. Ct. 648, 740 N.E.2d 1024 (Mass.
App. Ct. 2001)
The court held that there was sufficient evidence for the jury to
conclude that the defendant?s breaking and entry into the victim?s
house was done with the intent to commit a further act of stalking.
The events of that evening were a culmination of a pattern of
persistent harassment and following of the victim between July and
November 1995.



Commonwealth v. Alphas, 430 Mass. 8, 712 N.E.2d 575 (Mass. 1999)
The court found that the lower court had properly denied the defendant?
s motion to dismiss the stalking case against him. The stay-away order
issued in the divorce judgment was the equivalent of the other orders
listed in the stalking statute. The defendant was in violation of that
order. Additionally the lower court was correct in not admitting into
evidence the fact that another court did not grant a protective order.
This evidence was irrelevant to determine whether the defendant was
guilty of stalking in this case.



Commonwealth v. Martinez, 43 Mass. App. Ct. 408, 683 N.E.2d 699 (Mass.
App. Ct. 1997)
The court overturned the defendant?s stalking conviction and held that
the crime of stalking based on following a victim repeatedly required
more than two incidents of following. Because the state only offered
evidence of two followings, the defendant?s conviction could not
stand.



Commonwealth v. Kwiatkowski, 418 Mass. 543, 637 N.E.2d 854 (Mass.
1994)
The court held that the stalking statute was unconstitutionally vague
and overturned the defendant?s stalking conviction. The court
reinterpreted the stalking statute for future application and stated: ?
Stalking based on conduct that harasses a victim constitutes the
following: A person shall be guilty of the crime of stalking if that
person (1) willfully and maliciously engages in a knowing pattern of
conduct or series of acts over a period of time directed at a specific
person which seriously alarms or annoys that person and would cause a
reasonable person to suffer substantial emotional distress and (2)
also makes a threat with the intent to place that person in imminent
fear of death or bodily injury.? Finally, the court held that a
pattern or series in the context of this statute would involve more
than two incidents.


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