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COMMONWEALTH v. RAPE CRISIS SERV. OF GREATER LOWELL

416 Mass. 190 (1993)

617 N.E.2d 635

COMMONWEALTH vs. RAPE CRISIS SERVICES OF GREATER LOWELL, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

August 16, 1993.

Attorney(s) appearing for the Case

Wendy Murphy for the defendant.

The following submitted briefs for amici curiae:

Honora Kaplan for Mental Health Corporations of Massachusetts, Inc.

Scott Harshbarger, Attorney General, Neil S. Tassel & Pamela L. Hunt, Assistant Attorneys General, & Peggy A. Wiesenberg, for the Attorney General & others.

Patricia A. Correa & Diane M. Kottmyer for Domestic Violence Council.

Mitchell F. Dolin & Lisa A. Hertzer, of the District of Columbia, for National Coalition Against Sexual Assault & another.

Andrew Good for Massachusetts Association of Criminal Defense Lawyers.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

NOLAN, J.

In January, 1992, a Middlesex County grand jury returned several indictments against one Brett Cobb charging rape of a child. In April, 1992, Cobb filed a motion for exculpatory evidence and treatment records pertaining to the alleged victim. The motion provided: "The defendant ... moves this Honorable Court to order the Commonwealth to provide him with dates and locations and names of treating physicians, psychologists...

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