Threat to Sue is Witness Intimidation, Not Protected Speech

On October 22, 2014, In an unpublished opinion in Commonwealth v. Simeone, the Massachusetts Appeals Court has ruled that a person who threatens to sue a witness in a criminal case with the specific intent to impede or obstruct the witness from participating in a criminal proceeding can be found guilty of Witness Intimidation under G.L. ch. 268 § 13B. In this case, the defendant in a criminal proceeding admitted to saying to a witness "[w]ait until [your] court date, [I'm] going to make sure [you] get screwed,” and also admitted that he…Read more