COMMONWEALTH v. DeOLIVEIRA


447 Mass. 56 (2006)

COMMONWEALTH v. MARCELO DeOLIVEIRA.

Supreme Judicial Court of Massachusetts, Middlesex.

June 19, 2006.


Attorney(s) appearing for the Case

Thomas D. Ralph, Special Assistant District Attorney, for the Commonwealth.

Michael D. Brennan for the defendant.

Alice Anna Phillips & Danica Szarvas-Kidd, for American Prosecutors Research Institute, amicus curiae, submitted a brief.

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


GREANEY, J.

The Commonwealth appeals from that portion of a judge's order entered in the Superior Court allowing the defendant's motion to exclude from the evidence at trial statements made by the alleged victim in this case, a six year old girl (whom we shall call Patricia, a pseudonym), to an emergency room pediatrician disclosing (in a child's terms) that she had been anally raped. The defendant, the live-in boyfriend ...

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