Commonwealth v. DelVerde

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SYLLABUS: At a hearing on the Commonwealth’s motion to commit a criminal defendant to Bridgewater State Hospital for six months pursuant to G. L. c. 123, § 16 (b), the judge correctly concluded on the basis of expert testimony that the defendant’s serious depression coupled with his mental retardation severely affected his mood and behavior, and that, as a result, the defendant’s mental condition was a “mental illness” as defined in 104 Code Mass. Regs. § 3.01 (1) (a). [449-450]

Sufficient evidence supported the determination by the judge at a commitment hearing held pursuant to G. L. c. 123, § 16 (b), that failure to retain a criminal defendant, who was found to have a history of assaultive behavior, in custody at Bridgewater State Hospital would create a likelihood of serious harm [***2] to others. [450-452]

At a hearing on the Commonwealth’s motion to commit a criminal defendant to Bridgewater State Hospital for six months under the provisions of G. L. c. 123, § 16 (b), the judge properly concluded that Bridgewater was the only suitable facility in the Commonwealth to maintain custody of a mentally ill, male criminal defendant who was incompetent to stand trial on pending charges of murder and rape. [452]

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