COMMONWEALTH v. BERGSTROM


402 Mass. 534 (1988)

524 N.E.2d 366

COMMONWEALTH vs. ROBERT A. BERGSTROM.

Supreme Judicial Court of Massachusetts, Franklin.

June 13, 1988.


Attorney(s) appearing for the Case

J. Richard Ratcliffe (Mitchell Garabedian with him) for the defendant.

Charles K. Stephenson, Assistant District Attorney (Judy G. Zeprun, Assistant Attorney General, with him) for the Commonwealth.

James M. Shannon, Attorney General, & Judy G. Zeprun, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & LYNCH, JJ.


LIACOS, J.

This case presents a constitutional issue of first impression: whether, during the course of a criminal trial, child witnesses may, through electronic means, testify outside the physical presence of the defendant and of the jury consonant with the confrontation guarantees of the Sixth Amendment to the United States Constitution and of art. 12 of the Massachusetts Declaration of Rights. We resolve this issue solely under art. 12.

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