A dangerousness hearing occurs when the Commonwealth attempts to keep a defendant in jail without bail. During this hearing, the defendant has a chance to argue that they do not represent a danger to the community, and that they deserve to be released before their trial begins. Generally speaking, testimony from a dangerousness hearing is excluded from the subsequent trial. However, as a case in Massachusetts shows, this is not always the case. An experienced defense attorney in Boston may be able to explain this concept in more detail.
Testimony Fails to Qualify as an Exception to Hearsay Rules
A notable case occurred in 2009, and it involved a domestic violence incident. The defendant was accused of various acts against an alleged victim, and this victim testified in a dangerousness hearing at the beginning of the case. The Commonwealth found that a district judge did not abuse their discretion when they allowed the defendant’s motion to exclude this testimony from the trial.
This victim had died before the trial began, although they did testify during the dangerousness hearing. During this hearing, the victim’s medical condition cast doubt on her ability to respond to questions. On at least one occasion, the victim stated that her medicine was impeding her ability to answer questions.
This was an important decision, because the victim could not testify at the actual trial. She died before the trial began, so the prosecution could only rely on her testimony during the dangerousness hearing.
Certain Testimony From Dangerousness Hearings Could Still Be Admissible
Despite the defendant’s positive outcome in this case, the truth is that some dangerousness hearing testimony can still be admissible. Specifically, this testimony might be admissible if the witness is not available to testify once again during the later trial.
If the witness in the aforementioned case had not struggled with a compromised state of mind due to her medication, her testimony might have been admissible. As a result, this case does not represent a clear “rule” that dangerousness hearing testimony is never admissible.
Why a Dangerousness Hearing Could Be a Bad Time to “Show Your Hand”
The dangerousness hearing comes at the very beginning of the case, which is a bad time to show your hand. That's why it generates a dilemma for all the defendants who feel like they have something valuable for the grand jury to hear. Do you testify or call witnesses and get them locked into a story, or do you just let the state present what it wants and fight it later?
Can a Massachusetts Defense Attorney Help Me?
Whether you need to have testimony admitted or excluded, a defense attorney in Massachusetts may be able to help. These legal professionals can make sure your trial involves evidence that benefits your case, while attempting to exclude less favorable evidence. You can discuss these potential steps in more detail with Edward R. Molari.