COMMONWEALTH v. NEUMYER


432 Mass. 23 (2000)

COMMONWEALTH v. CRAIG NEUMYER

Supreme Judicial Court of Massachusetts, Essex.

June 30, 2000.


Attorney(s) appearing for the Case

Wendy J. Murphy (Elizabeth M. Clague with her) for Boston Area Rape Crisis Center.

William J. Leahy, Committee for Public Counsel Services (Jill Sellers Gately, Committee for Public Counsel Services, with him) for the defendant.

The following submitted briefs for amici curiae:

Michael J. Sullivan, District Attorney, & Robert C. Thompson, Assistant District Attorney, for District Attorney for the Plymouth District.

Ralph C. Martin, II, District Attorney, & John P. Zanini & Amanda Lovell, Assistant District Attorneys, for District Attorney for the Suffolk District.

Kevin M. Burke, District Attorney, & Gregory I. Massing & Christina E. Miller, Assistant District Attorneys, for District Attorney for the Eastern District & others.

Ellen M. Bublick, of Arizona, & Alexandra Miller, of Illinois, for National Coalition Against Sexual Assault & others.

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


COWIN, J.

The defendant was charged in two indictments with rape and in a third indictment with indecent assault and battery on a person over the age of fourteen years.1 In preparing his defense, he sought certain records of the Boston Area Rape Crisis Center (BARCC). A Superior Court judge ordered BARCC to produce for the defendant a sanitized copy of its "hotline" records stating the time, date, and fact of a telephone communication...

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