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COMMONWEALTH v. ROSS

426 Mass. 555 (1998)

COMMONWEALTH v. JAMES S. ROSS.

Supreme Judicial Court of Massachusetts, Berkshire.

January 30, 1998.

Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services, for the defendant.

David F. Capeless, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.

WILKINS, C.J.

Rule 35 (g) of the Massachusetts Rules of Criminal Procedure, 378 Mass. 906 (1979), provides that, other conditions being met, a deposition may be admitted as substantive evidence in a criminal trial "if the judge finds that the deponent is unavailable." At the time of the trial of this case, an alleged victim of two of the crimes charged against the defendant was a student in Israel and on spring break in...

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