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District Attorney’s Motion to Take Deposition of Mentally Compromised Victim in Lieu of Trial Testimony Denied by Judge After Hearing
The defendant is charged with indecent assault and battery on a child under the age of fourteen in violation of G.L. c. 265 Section 13B. This incident is alleged to have occurred twelve years ago when the victim was very young. She is now sixteen years old and has emotional and cognitive disabilities. As such, the prosecutor filed a motion to have the victim testify via videotaped deposition in lieu of having to come into court. Our office vigorously fought against that motion. We prevailed and the complainant must now testify before a jury.
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