Appeals court considers whether 'first‑complaint' testimony prejudiced child‑abuse trial

Summary

The panel heard argument in an appeal that challenges admissibility of testimony that a child victim told both a babysitter and the victim's mother about an alleged assault; defense counsel argued the multiple complaints bolstered the victim and prejudiced the defendant, while the Commonwealth said any error was tactical and not prejudicial.

The appeals panel heard argument in an appeal from a conviction for sexual offenses, focusing on whether testimony that a child victim had told both a babysitter and the child's mother about an alleged incident improperly bolstered the victim and created a substantial risk of a miscarriage of justice.

Appellant counsel Robert O'Mara told the court the Commonwealth conceded there was an error when the victim testified she had told Maria Pardo (the babysitter) and then her mother about an incident on Sept. 23. O'Mara argued that although the defense cross‑examined on that point, the repeated references to multiple complaint witnesses and the prosecution's reliance on that testimony in closing could have influenced the jury in a case that he described as a close credibility contest.

Assistant District Attorney Matt Patilano, for the Commonwealth, acknowledged the prosecutor had erred in admitting…

Appeals court considers whether 'first‑complaint' testimony prejudiced child‑abuse trial

Summary

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