Commonwealth v. Quinn
469 Mass. 641
| Mass. | 2014Background
- Defendant Kevin Quinn was convicted by a Superior Court jury of forcible rape of a child under sixteen and two counts of indecent assault and battery of a child under fourteen.
- The victim disclosed abuse in June 2007 after years of therapy; therapist Grace Ireland treated her for eight months.
- Cross-examination of Ireland by the prosecutor elicited expert testimony about behavioral characteristics of sexually abused children, which implicitly vouched for the victim's credibility.
- The court held that Ireland’s testimony crossed the line into implicit vouching and was prejudicial, warranting reversal.
- Defendant also sought to admit evidence that the victim was pregnant at the time of disclosure; trial judge barred it under the rape shield statute, which the court acknowledged may be overridden when constitutional rights demand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the cross-examination evidence implicit vouching was proper | Quinn | Quinn | Improper; implicit vouching occurred and violated limits on expert credibility testimony |
| Whether pregnancy evidence was admissible under rape shield | Quinn | Quinn | Rape shield issue considered but largely moot since convictions vacated on other grounds |
Key Cases Cited
- Commonwealth v. Shea, 467 Mass. 788 (2014) (review of admission of testimony to assess substantial risk of miscarriage of justice)
- Commonwealth v. Richardson, 423 Mass. 180 (1996) (testimony on credibility must not be opinion on credibility of a witness)
- Commonwealth v. Trowbridge, 419 Mass. 750 (1995) (limits on expert testimony regarding credibility)
- Commonwealth v. Federico, 425 Mass. 844 (1997) (general behavioral characteristics may be expert testimony; not allowed to vouch for credibility)
- Commonwealth v. Ianello, 401 Mass. 197 (1987) (limits on experts commenting on credibility of witnesses)
- Commonwealth v. Montanino, 409 Mass. 500 (1991) (implicit credibility endorsements by expert may be improper)
- Commonwealth v. Brouillard, 40 Mass. App. Ct. 448 (1996) (risk of vouching when expert testifies about victim's characteristics)
- Commonwealth v. Rather, 37 Mass. App. Ct. 140 (1994) (therapist-voucher concerns in cross-examination of expert)