SMITH, J.
On April 9, 1990, the defendant was indicted by a Plymouth County grand jury for the forcible rape of a child under sixteen years of age (G.L.c. 265, § 22A). On May 2, 1990, the defendant pleaded not guilty. Prior to trial, the defendant filed a motion to dismiss the indictment on the ground that "the Commonwealth ... destroyed potentially exculpatory evidence, to wit: a fetus which the victim aborted and which the victim claimed resulted from the sexual...
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