Commonwealth v. Peck

At trial, the defendant, Melissa Peck, testified as the only witness for the defense and denied the allegations that she and her former husband had engaged in an automobile insurance fraud. On cross-examination, over objection, the judge permitted the prosecutor to ask her a series of questions about prior incriminating statements she allegedly made to a former boyfriend after the date of the alleged offenses, despite the fact that the judge was aware that the Commonwealth did not have admissible evidence from another witness that the statements had been made. It was error to permit this type…