Commonwealth v. Hartfield
Annotate this CaseProbationer was placed on probation supervision after pleading guilty to one count of possession of a class D substance with intent to distribute. A notice of probation violation later issued alleging that Probationer violated the conditions of his probation by sexually assaulting a seventeen-year-old girl. At the probation violation hearing, Probationer sought to call the alleged victim as a witness. The judge concluded that it was inherently “inconsistent” to allow the alleged victim to be called to testify by Probationer after her hearsay statements were admitted in evidence when offered by the probation department. The judge then found that Probationer violated his probation by committing a new offense. The Supreme Judicial Court vacated the order revoking Probationer’s probation, holding that the judge erred by determining that where there is good cause to admit an alleged victim’s hearsay, a probationer may not call the witness to stand to challenge the accuracy and veracity of the hearsay account.
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