Commonwealth v. Beatrice, 951 N.E.2d 26, 460 Mass. 255 (2011)
“After the victim invoked her constitutional rights against self-incrimination, the defendant moved in limine to suppress the tape recording of the telephone call, contending that, without the victim's testimony, the admission of the tape recording would violate his right to confrontation under the Sixth Amendment to the United States Constitution. The judge denied the motion, and over objection, another judge admitted the tape recording in evidence at trial.”
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