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Appeals court hears challenge to bench verdict where judge relied on testimony of young witness with learning issues
Summary
In Commonwealth v. Benitez, defense argued that a bench verdict rested improperly on the testimony of an 11‑year‑old recounting events from age five and that the court lacked expert guidance on the child's learning disability; Commonwealth and judges disputed whether the record preserved competency challenges.
The Appeals Court heard argument in Commonwealth v. Benitez over whether a judge’s bench verdict should be set aside because it relied on testimony from a child witness whose learning disability and inconsistent statements, defense counsel argued, required expert examination or a competency colloquy.
Tom Schack, representing William Benitez, told the panel the trial judge…
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