Commonwealth v. Wilder

The defendant has appealed from his conviction on an indictment charging him with statutory rape. G. L. c. 265, § 23. Prior to trial, the defendant filed a motion to dismiss the indictment on the ground that the Commonwealth had faded to preserve potentially exculpatory evidence. The defendant identified the lost evidence as the contents of a rape evidence kit and as clothing worn by the victim at the time of the incident. A Superior Court judge, after a hearing, denied the motion and filed a memorandum of decision that contained findings of fact in regard to the motion. We summarize the…