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Appeals court weighs whether diary can serve as "first complaint" in sexual-assault prosecution
Summary
In 24P647 counsel for Robert Albert argued the trial court erred by admitting a victim's diary entry as "first complaint" evidence, while the Commonwealth urged deference to trial-court discretion and fact-specific analysis under King and related precedent.
Justice Peter Sachs presiding. The court heard argument in Commonwealth v. Robert Albert (24P647) over the admission of a victim’s diary entry as "first complaint" evidence. Defense counsel James McKenna argued the diary entry was distinguishable from a communication to a third party and risked impermissible self-corroboration; he said the sister’s nod to a question was the true first complaint the…
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