Cousino v. Commonwealth

Edward W. Cousino, HI, appeals from a judgment of a single justice of this *1011court denying, without a hearing, his petition for relief under G. L. c. 211, § 3. We affirm.

The case was submitted on the papers filed, accompanied by a memorandum of law. Joseph A. Hanofee for the plaintiff.

Cousino is charged with rape of a child and other crimes. Pursuant to the protocol we announced in Commonwealth v. Dwyer, 448 Mass. 122, 139-147 (2006), Cousino moved that a summons issue for production of certain counsel-ling and therapy records held by a third party. The judge determined that Cousino had not…