23
family.
And they tried to take my kids away from me."
Bernadette described the situation as "very traumatic," stating
that her family was in a "siege mentality where [e]very day
something was happening so [they] got afraid."
The Lyonses were
sufficiently alarmed to call the police "right away" after the
very first harassing act.
Jim testified that the second act
"stepped it up a notch" and made him feel "[t]errible," and that
the correspondence that he received alleging sexual molestation
was "very tough" and "absolutely alarmed" him.
The police took
notice of and corroborated Jim's testimony that the defendants'
conduct took a substantial emotional toll on him.
The Lyonses' testimony of feeling frightened, tortured, and
attacked more than meets the "seriously alarms" standard.
The
victims testified to an abundance of distressing and alarming
conduct that amounted to a serious invasion of their emotional
tranquility.
Unlike the victims in Commonwealth v. Kessler, 442
Mass. 770, 773-774 (2004), who offered no proof that they were
"actually 'alarmed or shocked,'" but rather just "offended" by
the defendant's indecent exposure, the Lyonses testified to
having a level of fear and anxiety similar to the victims in
Commonwealth v. Robinson, 444 Mass. 102, 105, 108 (2005)
(serious alarm requirement met where, as result of harassment,
victim felt vulnerable, son's grades dropped due to nervousness,
and family felt constantly under surveillance).
See
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