Product Description

Recent updates:

• Update: May 2022

  Dear Subscriber:

  Thank you for updating your reference library with the 2022 supplement to Trying Sex Offense Cases in Massachusetts .

  Highlights of the new content in this supplement include

  • fresh perspectives from nine new contributing authors;

  • a completely revamped chapter on defenses to charges of sexual assault and other sexual crimes (see chapter 2);

  • new materials on the production of third-party records (see chapter 5);

  • an updated explanation of how to understand DNA and DNA testing procedures (see chapter 7); and

  • new tips for effective cross-examination (see chapter 14).

  We trust you will find Trying Sex Offense Cases in Massachusetts a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: March 2020

  Dear Subscriber:

  Thank you for updating your reference library with the 2020 supplement to Trying Sex Offense Cases in Massachusetts .

  Highlights of the updates in this supplement include

  • new materials on affirmative defenses, including required notice and procedures when the defendant intends to rely on an alibi or a mental health issue (see Chapter 4);

  • a detailed explanation of how to understand DNA and DNA testing procedures (see Chapter 7);

  • a completely revised chapter on selection of jurors in sexual offense cases and attorney-conducted voir dire (see Chapter 8); and

  • new guidance for representing juvenile defendants in light of the Supreme Judicial Court's 2018 decision in Commonwealth v. Wilbur W. (see Chapter 11).

  We trust you will find Trying Sex Offense Cases in Massachusetts a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: December 2017

  Dear Subscriber:

  Thank you for updating your reference library with the 2017 edition of Trying Sex Offense Cases in Massachusetts .

  Now under the editorial direction of Julie Buszuwski of the Committee for Public Counsel Services, highlights of the updates in this revision include

  • an updated, clear overview of the criminal statutes applicable to sex offenses in Massachusetts (see Chapter 1);

  • a new chapter on the Dwyer protocol (see Chapter 5);

  • new materials explaining DNA evidence (see Chapter 7); and

  • the latest information to help you advise your client on the immigration consequences of sex offense convictions (see Chapter 19).

  We trust you will find Trying Sex Offense Cases in Massachusetts a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Statutes, Elements, and Penalties

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Tara B. Burdman, Esq., Bristol District Attorney's Office

Chapter 2 expand

Defenses to Charges of Sexual Assault and Other Sexual Crimes

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Jeffrey A. Garland, Esq., Committee for Public Counsel Services

Checklist 2.1

- Checklist of Defenses to Charges of Sexual Assault Buy Form

Exhibit 2A

- Amendments to G.L. c. 277, § 63 Regarding Statutes of Limitations in Sex Offense Cases Buy Form

Chapter 3 expand

Discovery and Investigation in Sex Offense Cases

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Cathleen L. Bennett, Esq.,
Hon. Beverly J. Cannone, Superior Court, Commonwealth of Massachusetts
Lawrence W. Madden, Esq., Committee for Public Counsel Services

Checklist 3.1

- Checklist for Discovery and Investigation in Sex Offense Cases Buy Form

Exhibit 3A

- Motion to Preserve Evidence Buy Form

Exhibit 3B

- Letter to Police Regarding Client Representation Buy Form

Exhibit 3C

- Motion for Exculpatory Evidence: Details of Interviews with Alleged Victim—Child Buy Form

Exhibit 3D

- Motion for Preservation of and Access to Physical Evidence Buy Form

Exhibit 3E

- Motion for List of Persons Present Buy Form

Exhibit 3F

- Motion for Statements of Complaining Witness (Adult) Buy Form

Exhibit 3G

- Motion for Discovery of Exculpatory Evidence: Inconsistent Statements Buy Form

Exhibit 3H

- Motion for Exculpatory Evidence: Prior Complaints (Adult) Buy Form

Exhibit 3I

- Motion for Exculpatory Evidence: Prior Complaints (Child) Buy Form

Exhibit 3J

- Motion for Disclosure and Production of Medical Records Buy Form

Exhibit 3K

- Motion for Production of School Records Buy Form

Exhibit 3L

- Motion for Production of Police Reports and Supporting Statements Buy Form

Exhibit 3M

- Motion for Discovery of Prospective Expert Testimony Buy Form

Exhibit 3N

- Motion for Disclosure of Prior and Subsequent Bad Acts Buy Form

Exhibit 3O

- Motion for Bill of Particulars Buy Form

Exhibit 3P

- Motion for Production of 51A and 51B Department of Children and Families Records Buy Form

Exhibit 3Q

- Affidavit in Support of Motion for Exculpatory Evidence: DCF Records Buy Form

Exhibit 3R

- Motion for Psychiatric History of Complaining Witness Buy Form

Exhibit 3S

- Motion for Rewards, Promises, and Inducements Buy Form

Exhibit 3T

- Motion for Disclosure of Identification Procedures Buy Form

Exhibit 3U

- Motion for Information Regarding History of Drug and Alcohol Abuse of Any Commonwealth Witness Buy Form

Exhibit 3V

- Affidavit in Support of Defendant’s Motion for Information Buy Form

Exhibit 3W

- Motion for Discovery of Exculpatory Evidence: Media or Print Materials Buy Form

Exhibit 3X

- Motion for Expenses Buy Form

Exhibit 3Y

- Affidavit in Support of Motion for Expenses Buy Form

Exhibit 3Z

- Motion for Victim Witness Advocate Reports Buy Form

Chapter 4 expand

Affirmative Pretrial Motions

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Charles Henry Fasoldt, Esq., C. Henry Fasoldt, Attorney At Law

Checklist 4.1

- Checklist for Affirmative Pretrial Motions Buy Form

Exhibit 4A

- Opposition to Commonwealth’s Motion for an Order Compelling Defendant to Provide a DNA Sample by Means of a Buccal Swab (Sample Previously Taken) Buy Form

Exhibit 4B

- Motion in Opposition to Compelled Submission to Oral Swabbing Buy Form

Exhibit 4C

- Motion for Production of Hospital Records in a Sexual Assault Case Buy Form

Exhibit 4D

- Baxter Motion Buy Form

Exhibit 4E

- Motion in Limine to Exclude Proposed Expert Testimony: Characteristics of Child Sex Abuse and “Delayed Disclosure” Buy Form

Exhibit 4F

- Motion to Admit Evidence of Alleged Victim’s Sexual Conduct with Defendant Pursuant to G.L. c. 233, § 21B (Rape Shield Statute) and Supporting Affidavit Buy Form

Exhibit 4G

- Motion Pursuant to G.L. c. 233, § 21B (Rape Shield Statute) re: Evidence of Physical Condition of Victim–Victim’s Sexual Conduct and Supporting Affidavit Buy Form

Exhibit 4H

- Ruffen Motion Buy Form

Exhibit 4I

- Pyne Motion Buy Form

Exhibit 4J

- Motion Pursuant to Commonwealth v. Dwyer to Permit Defense Counsel to Admit into Evidence the “Psych Consult” of Alleged Victim Buy Form

Chapter 5 expand

Production of Third-Party Records

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Julie A. Buszuwski, Esq., Committee for Public Counsel Services
Sandra Gant, Esq., Federal Public Defender Office

Exhibit 5A

- Motion to Expand Protective Order to Allow Copies of Privileged Records to Be Made Available to Counsel and His Expert Buy Form

Exhibit 5B

- Motion Pursuant to Commonwealth v. Dwyer to Permit Defense Counsel to Admit into Evidence Psychiatric Record of Alleged Victim Buy Form

Exhibit 5C

- Motion for Production of Mobile Data Terminal Records Buy Form

Exhibit 5D

- Motion for Court Summons of Internal Affairs Documents Buy Form

Exhibit 5E

- Motion for Production of Surveillance Video Buy Form

Exhibit 5F

- Motion for Court Order to Permit Defense Counsel and Investigator to View, Measure, and Photograph Crime Scene Buy Form

Exhibit 5G

- Motion to Order Employer to Comply with Rule 17(a)(2) Summons, or for Show Cause Hearing Buy Form

Exhibit 5H

- Sample Public Records Request Buy Form

Exhibit 5I

- Sample Appeal of Public Records Request Denial Buy Form

Exhibit 5J

- Sample FOIA Request Buy Form

Chapter 6 expand

Specific Issues with Child Complainants

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Joanne M. Daley, Esq., Federal Public Defender Office

Checklist 6.1

- Checklist of Special Issues with Child Complainants in Sex Offense Cases Buy Form

Exhibit 6A

- Motion for Exculpatory Evidence: Details of Interviews with the Child Buy Form

Exhibit 6B

- Motion for Information Regarding the Qualifications of Any Commonwealth Witnesses Who Interviewed the Child Buy Form

Exhibit 6C

- Motion for Preservation of, and Access to, the Physical Evidence Buy Form

Exhibit 6D

- Motion to Have Any Subsequent Interviews of the Complainant Videorecorded Buy Form

Exhibit 6E

- Motion for a Pretrial Taint Hearing and Affidavit in Support Buy Form

Exhibit 6F

- Motion in Limine Regarding Commonwealth Expert Testimony on the Dynamics of Child Sexual Abuse and a Request for a Voir Dire Hearing on the Reliability of the Testimony Buy Form

Exhibit 6G

- Memorandum in Support of the Defendant’s Motion in Limine Regarding Commonwealth Expert Testimony on the Dynamics of Child Sexual Abuse Buy Form

Exhibit 6H

- Motion for Voir Dire Hearing Regarding Commonwealth Expert Witnesses Buy Form

Exhibit 6I

- Motion in Limine Regarding Commonwealth’s Expert Testimony on the Lack of Physical Trauma to the Child Complainant Buy Form

Exhibit 6J

- Required Reading Concerning the Suggestibility of Children and Flawed Interview Techniques Buy Form

Exhibit 6K

- Quotations and References from Learned Treatises for Use in Cross-Examination of Psychological Expert in Child Abuse Case Buy Form

Exhibit 6L

- Quotations and References from Learned Treatises for Use in Cross-Examination of Medical Doctor in Child Abuse Case Buy Form

Chapter 7 expand

Forensic Evidence

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Ira L. Gant, Esq., Committee for Public Counsel Services

Checklist 7.1

- Forensic Evidence Checklist for Defense Counsel Buy Form

Exhibit 7A

- Protocol for Adult/Adolescent SANEs: Section I (Introduction) and Section IX: SANE Forensic Examination Buy Form

Exhibit 7B

- Sexual Assault Kits and Forensics Buy Form

Exhibit 7C

- Websites for Research on Sexual Abuse of Children Buy Form

Exhibit 7D

- Reference Authorities: Forensic Evidence in Sex Offense Cases Buy Form

Exhibit 7E

- Flow Chart of Sperm Life Buy Form

Exhibit 7F

- Useful Websites for Research and Statistics on Sexual Assault Buy Form

Exhibit 7G

- Sample Motion for Funds for DNA Expert Buy Form

Exhibit 7H

- Sample Commonwealth Motion to Compel Defendant to Provide Buccal Swab Buy Form

Exhibit 7I

- Sample Defendant’s Opposition to Commonwealth’s Motion to Compel Defendant to Provide a DNA Sample by Means of a Buccal Swab Buy Form

Exhibit 7J

- Representation of the Twenty-Three Pairs of Chromosomes Buy Form

Exhibit 7K

- Artistic Rendition of Paired Chromosome, DNA Structure, and Base Pairs Buy Form

Exhibit 7L

- Sample Motion for DNA Discovery Buy Form

Exhibit 7M

- Table Showing Approximate Location of Each Locus Among the Chromosomes Buy Form

Exhibit 7N

- Example of Electropherogram Buy Form

Exhibit 7O

- Sample DNA Report Buy Form

Chapter 8 expand

Voir Dire Issues

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Matthew J. Fleischner, Esq., Committee for Public Counsel Services
Hon. Mary-Lou Rup, Bulkley, Richardson and Gelinas LLP

Checklist 8.1

- Checklist of Voir Dire Issues Buy Form

Exhibit 8A

- Superior Court Rule 6: Jury Selection Buy Form

Exhibit 8B

- Superior Court Voir Dire—A Procedural Overview Buy Form

Exhibit 8C

- Defendant’s Motion for Examination of Jurors Buy Form

Exhibit 8D

- Sample Prosecution Motion for Voir Dire Questions Buy Form

Exhibit 8E

- Motion for Attorney-Conducted [Panel or Individual] Voir Dire Buy Form

Chapter 9 expand

Issues Pertaining to the Complainant at Trial

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Lisa S. Lippiello, Esq., Olin Lippiello LLP

Checklist 9.1

- Defense Counsel’s Checklist of Issues Pertaining to the Complainant at Trial in a Sex Offense Case Buy Form

Exhibit 9A

- Motion to Admit Evidence Pursuant to G.L. c. 233, § 21B Buy Form

Exhibit 9B

- Juvenile’s Motion to Admit Evidence Pursuant to G.L. c. 233, § 21B Buy Form

Exhibit 9C

- Juvenile’s Motion in Limine Buy Form

Exhibit 9D

- Motion to Admit Evidence of False Allegations of Rape Buy Form

Exhibit 9E

- Motion for Exculpatory Evidence Buy Form

Exhibit 9F

- Motion to Admit Evidence Buy Form

Exhibit 9G

- Motion for Hearing Concerning Witnesses Buy Form

Chapter 10 expand

Issues Pertaining to the Adult Defendant at Trial

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J. Anne Iglehart, Esq., Iglehart & Porges

Checklist 10.1

- Checklist of Issues for Representing an Adult Sex Offense Defendant at Trial Buy Form

Chapter 11 expand

Issues Pertaining to the Juvenile Defendant at Trial

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James Robert Ladino, Esq., Committee for Public Counsel Services, Children and Family Law Division
Stephanie Stolk Ormsby, Esq., Committee for Public Counsel Services
Scott Rankin, Esq., Committee for Public Counsel Services
Cecely A. Reardon, Esq., Department of Youth Services, Commonwealth of Massachusetts

Checklist 11.1

- Checklist for Attorneys Representing Juveniles Charged with Sex Offenses Buy Form

Checklist 11.2

- Checklist for Persons Adjudicated Delinquent or Youthful Offender Who Must Register as a Sex Offender Buy Form

Exhibit 11A

- Juvenile’s Motion to Dismiss Rape of a Child and Indecent Assault and Battery on a Child Charges Buy Form

Exhibit 11B

- Juvenile’s Memorandum in Support of Motion to Dismiss Based on Right to Privacy, Equal Protection, and Selective Prosecution Buy Form

Exhibit 11C

- Juvenile’s Memorandum in Support of Motion to Dismiss Based on Cruel and Unusual Punishment, Right to Privacy, and Due Process Buy Form

Exhibit 11D

- Juvenile’s Memorandum in Support of Motion to Dismiss Based on Vagueness and Ambiguity of Statute and Public Policy Buy Form

Exhibit 11E

- Motion to Dismiss Sex Offense Charged Based on Failure to Establish Infliction or Threatening of Serious Bodily Harm Buy Form

Exhibit 11F

- Suggested Adolescent-Specific Language for Jury Instructions Buy Form

Chapter 12 expand

First Complaint Issues at Trial

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Julie A. Buszuwski, Esq., Committee for Public Counsel Services

Checklist 12.1

- Checklist of First Complaint Issues Buy Form

Exhibit 12A

- Defendant’s Motion In Limine to Limit Proposed “First Complaint” Testimony and Request for Limiting Instruction Buy Form

Exhibit 12B

- Defendant’s Motion In Limine Opposing Commonwealth’s Motion to Substitute First Complaint Witness Buy Form

Exhibit 12C

- Juvenile’s Motion In Limine to Limit First Complaint Testimony and Request for Limiting Instruction Buy Form

Chapter 13 expand

Experts for Prosecution and Defense

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James Kaeding, Esq., Committee for Public Counsel Services

Checklist 13.1

- Checklist for Consideration of Experts in a Sex Offense Trial Buy Form

Chapter 14 expand

Cross-Examination Examples in Sexual Assault Cases

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Kelli L. Porges, Esq., Iglehart & Porges

Checklist 14.1

- Checklist for Cross-Examination in a Sexual Assault Case Buy Form

Exhibit 14A

- Cross-Examination of Complainant in a Consent Defense Case Buy Form

Exhibit 14B

- Sample Examination of Police Criminalist Regarding Rape Kit and Secretor Status Buy Form

Exhibit 14C

- Sample Cross-Examination of a Criminalist Regarding Whether There Was Any Sexual Activity at All and, If So, the Identifying Markers of the Assailant Buy Form

Exhibit 14D

- Suggested Cross-Examination Areas for the Medical Personnel Initially Treating a Patient Complaining of Sexual Assault Buy Form

Exhibit 14E

- Sample Motion for Leave to Subpoena Treatment Records Pursuant to Commonwealth v. Lampron Buy Form

Exhibit 14F

- Sample Discovery Motion Buy Form

Exhibit 14G

- Sample Motion in Limine to Admit Specific Act(s) of Sexual Conduct by the Complaining Witness Buy Form

Chapter 15 expand

Motions in Limine

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Laurel A. Singer, Esq., Committee for Public Counsel Services Worcester District Court Office

Checklist 15.1

- Checklist of Motions in Limine in a Sexual Assault Case Buy Form

Exhibit 15A

- Motion to Exclude Defendant’s Prior Convictions Buy Form

Exhibit 15B

- Motion to Preclude Reference to Complainant as “Victim” Buy Form

Exhibit 15C

- Motion to Exclude Prior Bad Act Evidence Buy Form

Exhibit 15D

- Motion for Voir Dire of Expert Buy Form

Exhibit 15E

- Motion for Voir Dire of Therapist Buy Form

Exhibit 15F

- Motion to Limit Expert Testimony Buy Form

Exhibit 15G

- Motion to Permit Introduction of Evidence Obtained from Privileged Records Buy Form

Exhibit 15H

- Motion to Release Records from Terms of Protective Order Buy Form

Exhibit 15I

- Motion for Competency Hearing of Child Witness Buy Form

Exhibit 15J

- Motion to Preclude “Missing Witness” Inference Buy Form

Exhibit 15K

- Motion to Sequester Witnesses Buy Form

Exhibit 15L

- Motion to Amend Protective Order Regarding Presumptively Privileged Records Buy Form

Exhibit 15M

- Motion in Limine for Revised First Complaint Instruction Buy Form

Exhibit 15N

- Motion in Limine to Restrict Testimony Regarding Investigative Process Buy Form

Exhibit 15O

- Motion in Limine to Exclude Admission of Defendant’s Silence Buy Form

Chapter 16 expand

Improper Closing Arguments

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Shira M. Diner, Esq., Boston University School of Law

Checklist 16.1

- Checklist of Improper Closing Arguments Buy Form

Chapter 17 expand

Jury Instructions

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Paul R. Rudof, Esq., Strehorn, Ryan, & Hoose

Checklist 17.1

- Checklist for Jury Instructions in a Sexual Assault Case Buy Form

Chapter 18 expand

Collateral Consequences of Sex Offense Convictions or Adjudications

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Michael A. Nam-Krane, Esq.,

Exhibit 18A

- Table Showing Selected Crimes and the Consequences They May Trigger Buy Form

Exhibit 18B

- Juvenile’s Motion for Relief from Sex Offender Registration Buy Form

Chapter 19 expand

Immigration Consequences of Massachusetts Sex Offenses

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Claire S. Valentin, Esq., Kids in Need of Defense

Editor(s)

Author(s)