Supreme Judicial Court, June 17, 2013

Once a defendant notifies the commonwealth that he intends to offer expert testimony concerning his mental state at the time of the offense as part of his defense of a lack of criminal responsibility under Massachusetts Rule of Criminal Procedure 14(b) (2) (B), the Court, on its own motion or on motion of the prosecutor, may order the defendant to submit to an examination.  Because that examiner must review the defendant’s medical and psychiatric treatment records to both conduct “a meaningful examination and to produce the requisite report, discovery of a defendant’s treatment records is permitted pursuant to Rule 14 (b) (2) (B).”