Commonwealth v. McLaughlin
79 Mass. App. Ct. 670
Mass. App. Ct.2011Background
- Two-day trial conviction for OUI under G. L. c. 90, § 24(l)(a)(1) and negligent operation to endanger; OUI deemed third offense after separate trial under Massachusetts statute.
- Commonwealth’s case rested on Sherry Goss, Troopers Crespi and Waples, and toxicologist Donovan; defendant did not testify.
- Hospital records with a certified toxicology report were admitted under G. L. c. 233, § 79; records included ethanol/blood alcohol data.
- Contested admission argued to improperly reference liability, and to implicate confrontation rights via the hospital-record certification.
- Defendant challenged accompanying 911-call testimony as hearsay and argued “back door” hearsay through trooper hospital visits.
- Court affirmed convictions, holding the hospital records admissible as medical data, certification non-testimonial, and any hearsay errors harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of hospital records under § 79 | records relate to treatment/history; admissible | records improperly reference liability; certification violative | admissible; records are medical, not liability-bearing; certification allowed |
| Confrontation rights and hospital-record certification | certification authenticates records; not testimonial | certification as testimonial under Crawford/Melendez-Diaz | certification not within confrontation rights; no violation |
| Hearsay from 911 calls and its impact | 911 info explains police knowledge; may be admissible | could be inadmissible hearsay | any error harmless given overwhelming guilt evidence |
| Backdoor hearsay and Waples’s hospital visit testimony | testimony does not convey hospital statements; results later admitted | improper insinuation of hearsay | no constitutional error; testimony not prejudicial |
Key Cases Cited
- Commonwealth v. Dube, 413 Mass. 570 (1992) (blood tests admissible when for medical purposes)
- Commonwealth v. Riley, 22 Mass. App. Ct. 698 (1986) (physician-ordered tests admissible)
- Commonwealth v. Dyer, 77 Mass. App. Ct. 850 (2010) (blood tests admissible when tied to medical goals)
- Commonwealth v. Sargent, 24 Mass. App. Ct. 657 (1987) (blood test admissible under hospital procedures)
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) (confrontation not required for certificates authenticating records)
- Crawford v. Washington, 541 U.S. 36 (2004) (confrontation right limits for testimonial evidence)