8
report that a police cruiser and another vehicle were at the
Lyonses' home.6
Investigator Carrie Riley of the DCF testified that an
after-hours "child abuse hotline" had received a call from
someone using fictitious information and reporting that Jim was
physically abusing his son.
Riley and another investigator
arrived at the Lyonses' home at 10:30 P.M. and said they had to
examine their son.
Jim testified that he and Bernadette were
"panicked" and "frightened," but that, acting on the advice of
their attorney, he awakened their son and permitted Riley to
inspect him.
Riley examined his body for marks and bruises.
The DCF case was closed as the son denied any abuse and the
investigators found no signs of it.
The fourth alleged act occurred on April 3, 2008, when
Colton sent another anonymous e-mail to the Lyonses from another
fictitious e-mail account.
The subject line was "Brian," and
the text read, "What have you done James? . . . or . . . Why
James?
You stole the innocence of a young man."
Shortly
thereafter, Jim received a letter by postal mail purportedly
sent from an individual named "Brian."
Brian claimed to have
worked for Jim when he was fifteen years of age, accused Jim of
sexually molesting him as a teenager, and threatened to press
6
The jury were instructed that this alleged conduct was to
be considered only in connection with the false report charge
(G. L. c. 119, § 51A [c]) and not the harassment charge.
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