Judge Peter Velis said he was concerned about testimony at trial from Nutter's wife suggesting her husband take a lie detector test.
SPRINGFIELD – Hampden Superior Court Judge Peter A. Velis has postponed sentencing for a Westfield man on child rape charges, citing the need to clarify an issue raised by a defense lawyer seeking a new trial.
Velis set a July 26 date for arguments on a new trial after explaining he was concerned about testimony at trial from the defendant’s wife suggesting her husband take a lie detector test.
The judge said he wanted to review a transcript and tape recording of discussions he held with defense lawyer Kathleen Whitley-Cavanaugh and Assistant District Attorney Melissa G. Doran about the admissibility of the lie detector testimony in the trial.
“The transcripts are critical,” Velis said.
A jury found Nutter, 48, guilty of two counts of rape and abuse of a child on June 15 following four hours of deliberation. He faces a 10-year mandatory minimum sentence.
Nutter was acquitted of eight other counts, including five counts of indecent assault and battery on a child under 14 and three of rape and abuse of a child.
The victim testified she endured sexual abuse over multiple years, ending when she was about 15.
As the lead prosecutor, Doran said she had no intention of questioning Nutter’s wife about her suggestion that he take a lie detector, or his response that he would not pass it.
But the wife “just blurted it out” during the trial, Doran said.
Cavanaugh-Whitely said she believed the subject was off limits, based on discussions with the judge.
No lie detector test was administered, the lawyers said.
During the trial, Cavanaugh-Whitley argued the victim fabricated the accusations, while Doran said the girl had no reason to make false accusations.
Velis expressed regret to the victim and her family for delaying the sentencing, but added it would be “wasting everyone’s time” to impose a sentence before the defense’s the motion for a new trial was resolved.