Commonwealth v. Hiotes

The defendant appeals from his conviction of rape of a seventy-seven year old female acquaintance. He claims that (1) the judge abused his discretion in denying the defendant’s motion for a psychiatric examination of the complainant; and (2) the prosecutor’s closing argument was improper.

Pretrial motion for examination of mental status. A week before trial, the defendant filed a motion for a competency evaluation of the complainant, pursuant to G. L. c. 123, § 19. An accompanying affidavit from trial counsel averred that the complainant “possibly experiences auditory hallucinations and vague…