Commonwealth v. Fayerweather

• Liacos, C.J.

The defendant appeals from his conviction of rape, claiming improper exclusion at trial of the complainant’s psychiatric records. He also asserts that prejudicial preindictment delay required dismissal of the indictment. For the reasons stated below, we reverse the conviction and remand for a new trial.

1. Exclusion of psychiatric report. The defendant argues, and we agree, that the judge at trial improperly excluded relevant evidence of the complainant’s psychiatric condition.

We summarize the evidence before the jury. The complainant testified that she first met the defendant in…