Supreme Judicial Court, August 30, 2013

A personal interview is generally a required component of an examination, pursuant to G.L. c. 123A, § 13 (a), regardless of whether counsel is present. 

In this case, dismissal of the Commonwealth's petition was not warranted as a remedy for the refusal of one of the qualified examiners to conduct the interview with counsel in attendance, where the other qualified examiner personally interviewed the defendant as part of his § 13 (a) examination and filed with the court a report expressing the opinion that the defendant is a sexually dangerous person.  However, the Commonwealth may not use at trial the report or testimony of the qualified examiner who refused to interview the defendant.