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Panel weighs admissibility of "prior bad acts" evidence in sexual-assault appeal

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Summary

The Massachusetts Appeals Court on Feb. 11, 2025 heard argument in Commonwealth v. Joseph Rodriguez about whether testimony from a severed complainant was admitted at trial merely to show criminal propensity or for a permissible purpose such as common scheme, intent, or corroboration.

The Massachusetts Appeals Court on Feb. 11, 2025 heard argument in Commonwealth v. Joseph Rodriguez about the admissibility of prior-bad-acts evidence in a sexual-assault prosecution.

Defense counsel argued that the Commonwealth had introduced testimony from a severed complainant solely to show propensity, arguing that the exceptions to the long-standing rule barring propensity evidence “have swallowed the rule.” Counsel described the second complainant’s testimony as prejudicial and unnecessary because, the defense said, the Commonwealth already had DNA and other…

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