4
included speech that was not protected by the First Amendment,
but rather was integral to criminal conduct; and, accordingly,
that the statute is not unconstitutional as applied to the
defendants.
We also conclude that the defendants' conduct as
established at trial met all of the statutory requirements for a
guilty verdict.
Background.
We summarize the facts that the jury could
have found, reserving certain details for our analysis of the
issues raised on appeal.
The victims, James "Jim" J. Lyons,
Jr., and his wife, Bernadette, have lived on the same street as
the defendants in Andover since around 2000.
In 2003, the
defendants acquired a tract of land abutting the Lyonses'
property and intended to subdivide and develop it.
The Lyonses,
along with other neighbors, objected to the proposed development
and years of litigation ensued between the parties.
By 2008,
the relationship between the families had become strained and
communication between them was infrequent.
Gerald Colton, a childhood friend of the Johnsons, did not
know the Lyons family prior to 2008.
Throughout the 1990s and
early 2000s, William hired Colton to work as a handyman on an
hourly basis and to identify lots for potential real estate