Commonwealth v. Fuller

667 N.E.2d 847 (1996)

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Nature of the Case

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Facts

Doe was a complainant in a case in which Fuller (D) had been charged with two counts of rape. D sought the production of counseling records from the Rape Crisis Center under the likelihood of exculpatory evidence in the counseling records and that there was a 1991 incident with another party and that D's current 1995 incident was of a similar nature and magnitude; D claimed that the encounter was consensual. Also, D claimed he had two witnesses who would testify that the complainant frequently left the premises with men whom she had just met. The center refused production on the basis that the records were privileged. The judge reasoned that under the Bishop (abrogation of the privilege when there is a reasonable risk that nondisclosure may result in erroneous conviction) exception, the records were at least subject to in camera review. This appeal resulted.