State v. CostonAnnotate this Case
The Supreme Judicial Court affirmed the judgment of conviction of burglary entered by the trial court after a jury trial, holding that the trial court did not err in admitting recordings of incriminating telephone conversations that Defendant had with his girlfriend while he was in jail.
A jury found Defendant guilty of burglary. The court sentenced Defendant to one year in prison, with all but sixty days suspended, and a one-year term of probation. On appeal, Defendant primarily challenged the adequacy of the foundation that the State provided to establish the authenticity of the jail recordings. The Supreme Judicial Court affirmed, holding that there was no evidence of tampering and that the court did not err in finding a sufficient foundation for the recordings' admissibility.