|Organization:||Massachusetts Supreme Judicial Court|
Commonwealth v. Joshua Rosado
Supreme Judicial Court, September 14, 2018
(Confrontation of witness/Forfeiture by Wrongdoing)
The Court declines to expand the forfeiture of wrongdoing doctrine. A defendant’s attempt to make a witness unavailable at another defendant’s trial does not trigger the doctrine. Specifically, a defendant forfeits his right to object to inadmissible hearsay resulting from his own wrongdoing in seeking to prevent a witness from testifying against him, not against a third party in another proceeding.