Commonwealth v. Labroad

The defendant, Bernard Labroad, was convicted by a jury in 2009 of rape of a child, G. L. c. 265, § 23. On appeal, the Supreme Judicial Court held that defense counsel should have been allowed to review records of the psychologist who treated the victim. Commonwealth v. Labroad, 466 Mass. 1037, 1039-1040 (2014). After reviewing those records, the defendant filed a motion for a new trial based on one statement in a progress note. After an evidentiary hearing at which the psychologist testified, a Superior Court judge denied the motion. Concluding that the progress note does not cast real doubt…