Commonwealth v. Hunt
462 Mass. 807
Mass.2012Background
- Defendant pled guilty in 1990 to rape of a child and burglary.
- In 2004 Commonwealth sought SDP civil commitment under G. L. c. 123A, §12.
- Trial proceeded with multiple expert witnesses on pedophilia and mental abnormality.
- Defendant refused to sign confidentiality waivers for treatment programs offered by the department.
- Judge admitted evidence of defendant’s refusal to participate in treatment and related examiners’ opinions.
- Court remands for new trial due to multiple evidentiary and instructional errors combined with closing argument issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of refusal to treat evidence | Commonwealth | Hunt | Error in admitting refusal evidence; but overall reversal on several grounds |
| Excusal for cause of juror | Commonwealth | Hunt | No abuse of discretion; juror properly excused |
| Admission of prison rumors | Commonwealth | Hunt | Error; rumors not admissible under §14(c) or common law |
| Jury instructions on mental abnormality | Commonwealth | Hunt | Error in pedophilia-as-abnormality framing and other nuances |
| Prosecutor closing argument | Commonwealth | Hunt | Improper closing; contributed to miscarriage of justice |
Key Cases Cited
- McKune v. Lile, 536 U.S. 24 (U.S. 2002) (compulsion not present where penalties are not automatic)
- Minnesota v. Murphy, 465 U.S. 421 (U.S. 1984) (compulsion/privilege scope in self-incrimination)
- Gardner v. Broderick, 392 U.S. 273 (U.S. 1968) (immunity required to protect compelled statements)
- Garrity v. New Jersey, 385 U.S. 493 (U.S. 1967) (use of compelled statements in subsequent prosecutions)
- Jaffee v. Redmond, 518 U.S. 1 (U.S. 1996) (psychotherapist-patient privilege; confidentiality critical to treatment)
- Commonwealth v. Markvart, 437 Mass. 331 (Mass. 2002) (prison incident reports; limits on admitting rumors)
- Ainsworth v. Risley, 244 F.3d 209 (1st Cir. 2001) (incrimination dilemma in sex offender treatment)
- McHoul, 445 Mass. 143 (Mass. 2005) (incident reports; evidentiary use in SDP proceeding)
- Zeininger, 459 Mass. 775 (Mass. 2011) (evidence rules; unsubstantiated rumors not admissible)