Commonwealth v. Bergstrom

This case presents a constitutional issue of first impression: whether, during the course of a criminal trial, child witnesses may, through electronic means, testify outside the physical presence of the defendant and of the jury consonant with the confrontation guarantees of the Sixth Amendment to the United States Constitution and of art. 12 of the Massachusetts Declaration of Rights. We resolve this issue solely under art. 12.

The facts which give rise to this case are these. The defendant was indicted for rape and for indecent assault and battery on each of his minor daughters. Prior to…