30
Essex County.
Commonwealth v. Adelson, 40 Mass. App. Ct. 585,
589 (1996).15
6.
E-mail authentication.
The defendants moved in limine
on the first day of trial to exclude e-mail correspondence
between Gail and Colton, arguing that the circumstances were
insufficient to permit authentication or confirm Gail's identity
as the sender.
During voir dire on the issue, Colton testified
that the defendants shared a joint e-mail account with which he
had exchanged many friendly e-mails for nearly a decade.
Regarding the proposed evidence, Colton testified that he
understood these e-mails to be from Gail, on William's behalf,
as they were sent after William had enlisted Colton in the
scheme, were signed using Gail's typical signature, and
referenced Colton's responses to inquiries about the harassment
scheme.16
The judge ruled that the preponderance of the evidence
authenticated the e-mails and laid a foundation for their
admissibility.
We agree.
15
As we are not reversing William's harassment conviction,
there is no need to address his related argument that any
"prejudicial spillover" from evidence introduced in support of
that charge would require a new trial on the false report
charge.
16
These inquiries included references to Craigslist
postings, a telephone conversation between Colton and Gail, the
Lyonses' personal identifying information, and "Mr. Meany,"
which Colton understood to be Gail's way of referencing Jim.
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