Massachusetts Superior Court September 27, 2004, No. 0210605 (Commonwealth v. Martin)

Sanders, J.

On July 9,2004, this Court allowed one of two Motions to Suppress Evidence filed by the defendant. In allowing that Motion (“Motion to Suppress II”), this Court held that a gun found as a result of an unlawful interrogation of the defendant could not be admitted at trial because it was “fruit of the poisonous tree.” Wong Sun v. United States, 371 U.S. 471, 486 (1963).