Massachusetts Appeals Court November 5, 2003, No. 02-P-1301 (Commonwealth v. Barnes-Miller)

Perretta, J.

Because the complainant had invoked her privilege under the Fifth Amendment to the United States Constitution against self-incrimination in response to questions put to her at a deposition conducted during divorce proceedings between the defendant and the defendant’s husband, the judge dismissed her complaint charging the defendant with making annoying telephone calls. See G. L. c.