Commonwealth v. Nester

The defendant was convicted of rape of a fifteen year old female. His defense at trial was that, although he had met the complainant, he had not had intercourse with her. Prior to trial, counsel had been given a laboratory report by the Commonwealth which in relevant part stated as follows:

“lb. Vaginal smear slides (2): Tests for seminal fluid residue containing sperm cells were negative on this item. . . .

“lc. Vaginal swabs (2): Same as Item lb. . . .

“2a. Underwear. This item consists of a pair of light blue, soiled underwear. Tests for seminal fluid residue were positive on the crotch area…