September 5, 2019
N.E.3d 427] COMPLAINT received and sworn to in the Cambridge
Division of the District Court Department on September 30,
2011. The case was tried before Roanne Sragow-Licht, J.
Lance, Boston, for the defendant.
Chi Lee, Assistant District Attorney, for the Commonwealth.
Blake, Ditkoff, & McDonough, JJ.
N.E.3d 428] Following a jury trial in the District Court, the
defendant, Michael J. Tiernan, was convicted of violating an
abuse prevention order pursuant to G. L. c. 209A, � 7 (209A
order). On appeal, he claims that the evidence was
insufficient to show that he had knowledge of the 209A order
and that he violated it. He also claims the judge improperly
admitted hearsay evidence. Concluding that the Commonwealth
did not put forth sufficient evidence to prove that the
defendant was served with the 209A order, or that he
otherwise had knowledge of it, we reverse.
jury could have found the following facts. The victim and the
defendant began dating in late 2007. The victim ended the
relationship in November 2008. On June 18, 2009, the victim
applied for and obtained an ex parte 209A order against the
defendant. Among other things, the 209A order prohibited the
defendant from contacting the victim and ordered him to stay
at least one hundred yards away from her. It also ordered
the defendant to stay away from the victim’s residence but
did not specify the distance that the defendant was ordered
to remain from the victim’s residence.
hearing on June 29, 2009, at which both parties appeared, the
209A order was extended until July 13, 2009. The defendant
was served with this order in hand the following day. On July
13, 2009, both parties appeared at the hearing and the 209A
order was extended for one year to July 13, 2010. The
defendant was served with the extended order at that hearing.
The following year, on July 13, 2010, only the victim
appeared at the hearing; the 209A order was extended until
July 13, 2011. The Commonwealth presented no evidence that
the defendant was served with that order.
August 21, 2010, the victim was returning home when she
noticed a black Cadillac Escalade sport utility vehicle (SUV)
that she recognized as belonging to the defendant in the
driveway of a home on Mystic Valley Parkway, which was
parallel to the street on which she lives. She went directly
home and called the police. Officers Chris Gallagher and
Brett Blanciforti of the Arlington Police Department
responded to the victim’s home.
victim informed Officer Gallagher that she had a 209A order
against the defendant and that she had seen his SUV on a
nearby street while on her way home. She ...