Summary
The Massachusetts Supreme Judicial Court held that, in a proceeding under G. L. c. 123A to determine whether a petitioner remains sexually dangerous, the Commonwealth must rely at least in part on credible opinion testimony from a qualified examiner. The court upheld a jury instruction requiring the jury to credit the qualified examiner's opinion before finding the petitioner sexually dangerous, while preserving the jury's role in determining credibility and weight. The order denying the Commonwealth's motion for a new trial was affirmed.
Topics
Practice areas
Questions Presented
- Whether a jury instruction in a sexually dangerous person discharge proceeding may require the jury to credit a qualified examiner's opinion before finding the petitioner sexually dangerous.
- Whether that instruction improperly commented on the weight of expert testimony or usurped the jury's fact-finding function.
- Whether the instruction required a new trial.
Holdings
- In a sexually dangerous person proceeding under G. L. c. 123A, a finding of sexual dangerousness must be based at least in part on credible opinion testimony from a qualified examiner.
- An instruction requiring the jury to credit a qualified examiner's opinion does not improperly dictate the weight of that opinion or usurp the jury's fact-finding role.
Key quotations
“At trial, the qualified examiner testimony serves a different and more important purpose; it is the essential basis for a finding of sexual dangerousness.” (475 Mass. at 634)
“Thus, there was no error in the judge's instruction that the jury must credit the qualified examiner's opinion to reach a finding of sexual dangerousness.” (475 Mass. at 635)
“It merely instructs the jury that they must determine it to be credible in order to find a person sexually dangerous.” (475 Mass. at 635-636)
Factual background
Green had multiple sex-offense convictions and was transferred to the Massachusetts Treatment Center in 2007. After he was adjudicated sexually dangerous in 2011, he petitioned for discharge under G. L. c. 123A, § 9. At the discharge trial, the Commonwealth's qualified examiner opined that Green remained sexually dangerous, while Green's experts and another qualified examiner opined that he was no longer sexually dangerous. The jury found that Green was no longer sexually dangerous.
Procedural history
Green was adjudicated sexually dangerous after a 2011 jury trial and later petitioned for discharge under G. L. c. 123A, § 9. At the discharge trial, the judge instructed the jury that it could not find Green sexually dangerous unless it credited the opinion of the Commonwealth's qualified examiner. The jury found Green no longer sexually dangerous, and the Superior Court judge denied the Commonwealth's motion for a new trial. The Supreme Judicial Court affirmed.