COMMONWEALTH v. COLLETT


387 Mass. 424 (1982)

439 N.E.2d 1223

COMMONWEALTH vs. MARK COLLETT.

Supreme Judicial Court of Massachusetts, Suffolk.

September 20, 1982.


Attorney(s) appearing for the Case

Arnold R. Rosenfeld for Mark Collett.

Anne Goldstein for Betsy John.

Linda M. Poulos, Legal Assistant to the District Attorney (Michael J. Traft, Assistant District Attorney, with her) for the Commonwealth.

Barry L. Mintzer, for National Association of Social Workers, Massachusetts Chapter, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

The defendant is charged with murder in the second degree. At a pretrial hearing, the Commonwealth orally moved to compel a licensed certified social worker to disclose communications made to her in her professional capacity by the defendant and other persons. The social worker was represented by counsel. She asserted a social worker's privilege pursuant to G.L.c. 112, § 135. The judge ordered the social worker...

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