82 Mass. App. Ct. 674 (2012)
Facts:
The defendant
was serving a probationary sentence for 3 previous assault and battery charges.
Terms of his probation included not violating any state or federal laws. During
his probation term, the defendant was charged with assault and battery with a
dangerous weapon, a shod foot for attacking his girlfriend. During the defendant’s
revocation hearing, the girlfriend and the arresting officer were summoned by
the probation officer. They did not appear in court but both submitted written
testimony as to what had happened during the altercation. The judge found the defendant
to be in violation of his probation and reinstated the original underlying
sentence. The defendant appealed claiming that the written testimony lacked
trustworthiness and was hearsay and, therefore, lacked sufficient due process.
Issue(s):
Did the
written evidence submitted at the revocation hearing meet the standards of due
process?
Holding/Rationale:
The
court found that the evidence submitted needed to meet the standards of
fairness for a revocation hearing. Evidence submitted may rest solely upon
hearsay so long as the evidence is reliable. Because the arresting officer and
the girlfriend, the victim, were present at the incident, there evidence was
deemed reliable. They also did not appear due to what the court determined to
be good reasons. Therefore, the court acted properly when (he or she) reinstated
the defendant’s original sentence.
Judgment: Affirmed.
Written 7/31/2013
