Commonwealth v. Blakey

Defendant moves to dismiss indictments for assault with intent to commit rape and aggravated rape on the ground that the Commonwealth’s failure to preserve exculpatory evidence prejudices the defendant. A hearing was conducted by the Court on September 24, 1996.

It is alleged that Donnie Blakey (“Blakey”) committed aggravated rape at an apartment in Everett, Massachusetts on October 24, 1995. It is further alleged that during the course of the rape, the defendant ejaculated in part on the stretch pants or leggings of the victim. Within several hours after the alleged rape, the victim went to…