Commonwealth v. Feliciano

The defendants, Ismael Feliciano and Hector Robles, were convicted of aggravated rape and indecent assault and battery on a person over the age of fourteen following a jury-waived trial in Superior Court. On appeal, the defendants argue that (1) we should reexamine certain records that a judge in the Superior Court, not the trial judge, ordered sealed pursuant to stage two of the Bishop-Fuller protocol, see Commonwealth v. Fuller, 423 Mass. 216, 225-227 (1996); Commonwealth v. Bishop, 416 Mass. 169, 181-183 (1993), and make a de nova determination of relevancy; (2) the trial judge erred by…