COMMONWEALTH v. POISSANT


443 Mass. 558 (2005)

COMMONWEALTH v. NELSON POISSANT.

Supreme Judicial Court of Massachusetts, Bristol.

March 2, 2005.


Attorney(s) appearing for the Case

Alison R. Bancroft, Assistant District Attorney (Mimi McMahon, Assistant District Attorney, with her) for the Commonwealth.

Edward E. Eliot (David Hirsch, Committee for Public Counsel Services, with him) for the defendant.

David Hirsch, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


COWIN, J.

The primary issue that the parties in this appeal raise is whether a defendant in a sexually dangerous person proceeding who has been examined by two qualified examiners, see G. L. c. 123A, § 13 (a), must also submit to an examination by an expert selected by the Commonwealth. A secondary question is whether, if the defendant refuses to participate in such an examination, he may be barred from presenting...

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