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Appeals court questions whether SANE testimony and limited DNA suffice to prove penetration
Summary
In Commonwealth v. Corey Alvarez (25P1540) defense counsel argued SANE narrative testimony and a checked form item on penetration plus a single external DNA swab were insufficient to prove penetration; the prosecution countered that the victim’s testimony, SANE evidence and DNA together met the 'light most favorable' standard for required finding.
Justice Peter Sachs presiding. The panel heard argument on whether testimony from a SANE (Sexual Assault Nurse Examiner), a checked form entry indicating penetration, and limited DNA evidence were sufficient to sustain a conviction for a sexual offense. Brian Kelly, representing Corey Alvarez, told the court that the SANE’s narrative form and a sampled swab do not replace detailed,…
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