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RAFUSE v. STRYKER

No. 03-P-864.

61 Mass. App. Ct. 595 (2004)

MARGUERITE RAFUSE, administratrix, v. TIMOTHY D. STRYKER; DISTRICT ATTORNEY FOR THE NORTHERN DISTRICT, intervener.

Appeals Court of Massachusetts, Middlesex.

August 13, 2004.

Attorney(s) appearing for the Case

Esther M. Bixler Piszczek, Assistant District Attorney (Martha Coakley, District Attorney, & Sheila M. Calkins, Assistant District Attorney, with her) for the intervener.

Michael L. Altman (Jeffrey Wiesner with him) for the plaintiff.

Present: GREENBERG, PORADA, & GREEN, JJ.

PORADA, J.

The plaintiff's daughter, Dr. Linda R. Goudey, was murdered on October 4, 1993. During the investigation of her murder, the defendant was considered a suspect but was never indicted, and no one has yet been prosecuted for the murder. In September, 1996, the plaintiff initiated this wrongful death action against the defendant. During the pendency of this action, the plaintiff, in 1997 and 2000, sought to depose two State troopers who conducted the investigation...

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