Commonwealth v. Dwyer

By the Court.

This appeal causes us to reconsider the protocols established by Commonwealth v. Fuller, 423 Mass. 216 (1996) (Fuller), and Commonwealth v. Bishop, 416 Mass. 169 (1993) (Bishop), which govern a defendant’s pretrial access to statutorily privileged records of witnesses in criminal cases. The defendant was convicted by a jury of rape of a child by force, G. L. c. 265, § 22A, and indecent assault and battery on a child under fourteen years, G. L. c. 265, § 13B. Among several challenges to his convictions, he claims that the denial of his repeated requests to review the complainant’s…