IN THE MATTER OF A JOHN DOE GRAND JURY INVESTIGATION, 408 Mass. 480

Summary

The commonwealth sought to compel the testimony of an attorney before the grand jury regarding statements the attorney's client had made before dying, on the grounds that the client could no longer be harmed by the disclosure of his communications to his attorney, and therefore the attorney-client privilege should be "overridden" because society's interest in ascertaining the truth concerning the deaths of two people and in identifying the parties responsible therefor outweighed the value sought to be promoted by means of the attorney-client privilege. The trial judge reported the question of law pursuant to Mass. R. Crim. P. 34, which the court suggested was procedurally improper, but because neither party had objected, the court answered because an answer would best serve efficiency in the administration of justice. The court refused to engage in a weighing and balancing of interests, and held that except where mandated by constitutional considerations, which were not a factor in ...