Commonwealth v. Correa

I join the result reached by the Majority. However, I am troubled by the procedure employed by the trial court in selecting a third expert to testify regarding the cause of death. Following the completion of this non-jury trial, the judge stated he was unable to conclude that the defendant’s action caused the victim’s death. He then retained the services of a third expert whose opinion the judge accepted to resolve the issue. That was error.

The court lost sight of the fact that the Commonwealth has the burden of proof. It is not, nor should it be, the function of the judiciary to assist the…