Commonwealth v. Lyons

The defendant appeals from a jury conviction in District Court of the offense of indecent assault and battery on a person who has attained the age of fourteen years. The defendant argues that admission of the testimony of a police officer whom the complainant told of the assault after she had previously reported it in a 911 call violated the “first complaint” rule as then newly established in Commonwealth v. King, 445 Mass. *672217 (2005), cert. denied, 546 U.S. 1216 (2006).1 He also complains that an instruction that the first complaint testimony could only be used to evaluate the…