Legal Question in Criminal Law in Massachusetts

Can a motion be filed to block a witness or victim statement ?

I have been involved in a case for almost a year, and the other day, the DA finally produced the victims statement.

First, I have been wondering why it took so long for them to produce this statement. I know at first, the victim had told the cops that she wanted to change a part in her statement. Can a motion be filed to block this statement from being used further in court ?


Asked on 12/15/03, 10:06 am

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Can a motion be filed to block a witness or victim statement ?

Motion to Preclude.

Also at trial, you cannot question a piece of paper. You need a human to question.

Your lawyer should know what to do.

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Answered on 12/15/03, 12:53 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Can a motion be filed to block a witness or victim statement ?

You can ask the DA the reason for the delay, and get information concerning the chain of custody.

There are other technical and legal raised by a writing that need to be addressed, including the circumstances under which it was written;

There are a variety of discovery and trial motions that can be used to deal with the letter. A motion to preclude the introduction is really a motion that deals with if the writing should be admitted. If it is a writing by another person, then it may be used to impeach, but not necessarily for the truth of any fact established therein.

AS you have seen this can be complicated, and requires an agile and analytic mind of a versed criminal defense attorney. Good luck.

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Answered on 12/15/03, 2:49 pm


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