Commonwealth v. Day

The defendant, Scott A. Day, was convicted by a jury of manslaughter. He appealed; his application for direct appellate review was granted by this court. The defendant claims that the judge erred in (1) admitting expert testimony regarding the profile of individuals who physically abuse children, and (2) improperly applying the hearsay rule to exclude a statement made by the victim’s mother. In the view we take, we need not consider the second claim of error. We reverse on the first claim.

We summarize the evidence heard by the jury. The eighteen month old victim was pronounced dead at 2 p.m.…