COMMONWEALTH v. GONSALVES


445 Mass. 1 (2005)

COMMONWEALTH v. HERMANY GONSALVES.

Supreme Judicial Court of Massachusetts, Suffolk.

August 29, 2005.


Attorney(s) appearing for the Case

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

Brownlow M. Speer, Committee for Public Counsel Services (Jason Benzaken, Committee for Public Counsel Services, with him) for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


SPINA, J.

Hermany Gonsalves is charged with assault and battery and assault and battery by means of a dangerous weapon. The complainant is unavailable to testify at trial and previously has not been subject to cross-examination. A judge in the District Court determined in a pretrial ruling that out-of-court statements made by the complainant in response to questioning by a police officer and questioning by her mother were testimonial in nature and therefore inadmissible...

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