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Appeals Court weighs due-process challenge to "first complaint" rule in Sorrentino appeal
Summary
A three-judge appeals court panel heard arguments over whether the so-called "first complaint" doctrine—originating in Commonwealth v. King—violated an accused man's due-process and fair-trial rights when applied in his trial and whether evidence of acquitted conduct was improperly admitted.
The Massachusetts Appeals Court (Judges Desmond, Shin and Walsh) heard argument in Commonwealth v. Francisco Sorrentino over whether the trial court’s application of the "first complaint" doctrine deprived Sorrentino of due process. Appellant counsel Dorejay Demosse urged the panel to revisit the doctrine as applied in this case, saying modern social attitudes reported in recent years weaken the premise that sexual-assault complainants always make prompt complaints and contending that the doctrine, as applied, had a highly prejudicial,…
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