464 Mass. 1012 (2013)
Summary
The defendant, Jose Castillo, was charged
with aggravated rape, indecent assault and battery, assault and battery with a
dangerous weapon, and other related offenses. The charges arise from five
separate incidents involving five female victims. In the pretrial proceedings,
the Commonwealth provided discovery that included records relating to medical
treatment that the alleged victims received following the incidents. The
defendant then requested discovery relating to whether the alleged victims
received follow up treatment relating to the alleged incidents. The
Commonwealth stated that it was “not aware of any other additional medical
treatment or follow up visits any victim had” in relation to the indicted
offenses and refused to ask the victims whether they had sought follow-up
treatment. The Superior Court allowed defendant’s motion for discovery. The
Commonwealth filed a G.L. c. 211, § 3 petition for relief under the Supreme
Judicial Court’s general power of superintendence. A single justice denied the
petition, and the Commonwealth appealed.
The Commonwealth argues that the judge’s
order was improper because it required the Commonwealth to inquire whether the
alleged victims sought or had follow up treatment. The Supreme Judicial Court
rejected the Commonwealth’s argument and stated that the order did not
improperly require the Commonwealth to inquire of the victims whether they had
received follow up medical treatment. The court concluded that the judge, by
allowing the defendant’s request, was only requiring that the Commonwealth provide
the information already in its possession. The single justice’s order denying
the Commonwealth’s petition for relief pursuant to G.L. c. 211, § 3 was
affirmed.
Written on 7/22/13
Written on 7/22/13
