Panel debates entrapment-by-estoppel claim after officer told defendant to 'follow me'

Commonwealth v. Edward Cefalo: On appeal, defense counsel asked the Massachusetts Appeals Court to consider an entrapment-by-estoppel defense after an encounter in which Officer Thong allegedly told defendant Edward Cefalo to “follow me” to a residence. The defense argued a jury could find Cefalo reasonably relied on the officer’s direction and therefore lacked the culpable intent to violate a restraining order; the Commonwealth said the remark was too vague, the record lacked proof that Thong knew about the restraining order, and the defense did not carry the evidentiary burden to obtain the instruction.

Why it matters: The court grappled with how to apply entrapment-by-estoppel principles in state law, contrasting Commonwealth v. Twitchell and federal tests (First Circuit and Ninth…