Commonwealth v. Hatzigiannis

After a District Court jury trial, the defendant, an oral surgeon, was convicted of indecent assault and battery of a sixteen year old female patient, in violation of G. L. c. 265, § 13H. The charge resulted from a report by the defendant’s surgical assistant that she witnessed the defendant cupping his hand on the patient’s breast while the patient was sedated. The sole issue on appeal concerns the admission, over the defendant’s objection, of prior consistent statements made by the surgical assistant shortly after the incident. We agree that the admission of these statements was prejudicial…