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16-P-1710 Appeals Court
COMMONWEALTH vs. ALFRED P. FUSI.
No. 16-P-1710. February 1, 2017.
Sex Offender. Practice, Civil, Sex offender. Evidence, Sex offender, Expert opinion. Probable Cause.
After a hearing at which expert witnesses engaged by the Commonwealth and the defendant offered conflicting opinions concerning the defendant’s sexual dangerousness, a judge of the Superior Court concluded that the Commonwealth had not established probable cause to believe the defendant is sexually dangerous, dismissed the Commonwealth’s petition seeking his commitment as a sexually dangerous person pursuant to G. L. c. 123A, § 12, and ordered him released from custody. Though the judge applied the correct legal standard to the determination of probable cause, his conclusion that the evidence did not establish probable cause was in error, and therefore we reverse.