Commonwealth v. Haggett
79 Mass. App. Ct. 167
Mass. App. Ct.2011Background
- Defendant appeals from a Superior Court jury conviction for rape of a child with force and indecent assault and battery on a person under 14.
- Central issue concerns admission of first complaint evidence under Commonwealth v. King; complainant testified about reporting to a teacher and a guidance counselor without a first-complaint witness for corroboration.
- Commonwealth did not call a first-complaint witness; judge did not give a first-complaint instruction.
- Testimony suggested the complainant’s report to LeMay may not have been the first complaint, creating potential hearsay issues.
- Cross-examination of LeMay revealed crisis-intervention actions and a § 51A report, which the court found improperly admitted and prejudicial; aggregate impact compelled reversal.
- Judgments were reversed and verdicts set aside; case noted under a new department name.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether first complaint evidence was admissible without a first-complaint witness | King requires first-complaint witness or substantial justification | No first complaint witness; testimony improper | Error; reversal required |
| Whether the court should have instructed the jury on first-complaint evidence | Instructions needed to limit use of first-complaint evidence | No such instruction given | Error; must instruct contemporaneously and at final instructions |
| Whether LeMay’s crisis-intervention testimony on cross-examination was properly admitted | Evidence relevant to credibility and background | Crisis intervention irrelevant and prejudicial | Error; substantial risk of miscarriage |
| Whether the combined first-complaint errors require reversal independent of LeMay testimony | Cumulative impact undermines credibility determination | Independent errors do not necessarily require reversal | Reversal and set aside verdicts |
Key Cases Cited
- Commonwealth v. King, 445 Mass. 217 (Mass. 2005) (first complaint doctrine and admissibility)
- Commonwealth v. Stuckich, 450 Mass. 449 (Mass. 2008) (limits on multiple first-complaint testimony; credibility concerns)
- Commonwealth v. McCoy, 456 Mass. 838 (Mass. 2010) (relevance of cross-examination and misstate of first-complaint)
- Commonwealth v. Velazquez, 78 Mass. App. Ct. 660 (Mass. App. Ct. 2011) (admission of complaint evidence; balancing probative value vs. prejudice)
- Commonwealth v. Murungu, 450 Mass. 441 (Mass. 2008) (permissible use of prior statements to counter defense theories)
- Commonwealth v. Arana, 453 Mass. 214 (Mass. 2009) (police involvement evidence in proper context)