COMMONWEALTH v. LECLAIR

SJC-11469

469 Mass. 777 (2014)

COMMONWEALTH v. JASON J. LECLAIR & another.

Supreme Judicial Court of Massachusetts, Hampshire.

October 10, 2014.


Attorney(s) appearing for the Case

Paul R. Rudof , Committee for Public Counsel Services ( Dana Goldblatt with him) for the intervener.

Cynthia M. Von Flatern , Assistant District Attorney, for the Commonwealth.

Michael C. Walsh & Stephanie K. Fattman, pro se, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


A nonimmunized witness in a criminal trial repeatedly refused to answer questions posed by defense counsel concerning his use of illegal drugs on the ground of the privilege against self-incrimination. The prosecutor represented to the witness and the trial judge that the Commonwealth had no intention of pursuing such a prosecution, but...

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