Commonwealth v. Figueroa

After a jury trial, the defendant was convicted of indecent assault and battery on a person over fourteen years of age in violation of G. L. c. 265, § 13H.1 The victim, who was eighty-eight years old and suffering from dementia at the time of trial, did not testify. On appeal, the defendant claims that the trial judge erred by admitting in evidence the victim’s pretrial statements as excited utterances, that the motion judge abused her discretion by denying the defendant’s request for the victim to undergo a psychological examination, and that the trial judge erred by refusing to give a…