21
a.
"Directed at" prong.
Section 43A (a) requires that the
Commonwealth prove three or more predicate acts of harassment
that were "directed at a specific person."
Mass. at 240.
See McDonald, 462
The defendants argue that the Craigslist postings
(two of the four acts supporting the harassment charge) were not
directed at the victims, but were merely directed at the general
public.
This argument is without merit.
As a factual matter, the
jury clearly could have concluded that the "directed at" prong
was met.
While the defendants' methods were indirect, the false
information in the Craigslist postings was intended solely to
ensure that the victims were harassed as a consequence by
unwitting third parties contacting them at all hours of the
night by telephone and showing up at their home.
Essentially,
the "sole immediate object" of the false advertisements was to
create a marketplace for the guaranteed harassment of the
victims.
See Giboney, 336 U.S. at 498.
The defendants cite to Welch for the contention that
statements made to a third party are not speech directed at a
specific person.
444 Mass. at 92-93 (shouting abusive epithets
in one's apartment and speaking in normal tone of voice to third
party outside does not satisfy requirements of § 43A [a]).
The
defendants' acts in the instant case are appreciably different
than those at issue in Welch.
The Craigslist postings were the
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