COMMONWEALTH v. BEAL


429 Mass. 530 (1999)

COMMONWEALTH v. MIKAEL L. BEAL.

Supreme Judicial Court of Massachusetts, Suffolk.

May 5, 1999.


Attorney(s) appearing for the Case

Jeffrey T. Karp, Assistant District Attorney, for the Commonwealth.

Leo McAuliffe (Roger Witkin with him) for the defendant.

The following submitted briefs for amici curiae:

Toni G. Wolfman, Anthony Mirenda, Audrey C. Mark, Alix Biel, & Nicole Hadas for Domestic Violence Council, Inc., & another.

Martha Coakley, District Attorney, & Marguerite T. Grant, Assistant District Attorney, for District Attorney for Middlesex County.

Carol A. Donovan for Committee for Public Counsel Services.

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


IRELAND, J.

The defendant was indicted on a charge of rape. In his motion for exculpatory evidence and records, the defendant requested, among other things, information on any mental health treatment the complainant had ever received and the details of any prior complaints of rape or abuse made by the complainant. The Commonwealth responded that it did not have this information, and that it had no duty to gather it for the defendant. After a hearing, a Superior Court...

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