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COMMONWEALTH v. DOUCETTE

22 Mass. App. Ct. 659 (1986)

496 N.E.2d 837

COMMONWEALTH vs. THOMAS DOUCETTE.

Appeals Court of Massachusetts, Essex.

August 20, 1986.

Attorney(s) appearing for the Case

Michael R. Schneider, Committee for Public Counsel Services, for the defendant.

Richard A. McGovern, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, KASS, & WARNER, JJ.

KASS, J.

Two important prosecution witnesses had histories of mental illness which made it advisable to conduct voir dire inquiries into the testimonial competence of each. Over objection, the judge refused to allow Doucette's counsel to put questions to the proposed witnesses. That refusal, the defendant argues on appeal, was an abuse of discretion which deprived the defendant of the rights of confrontation and due process.

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