L.T. v. R.D. (2023)

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

The defendant, R.D., appeals from an order of a District Court judge, after the first hearing after notice, extending a harassment prevention order issued pursuant to G. L. c. 258E, § 3, for one year. We affirm.²

The sole issue raised by the defendant is his claim that the plaintiff “perjured herself to the court. She cannot be found truthful or believable.” Specifically, the defendant alleges that the plaintiff has “Herpes 2” and lied “when she said she has no STD's.”

At the hearing, however, the defendant stated that he could not pronounce the sexually transmitted disease he claims the plaintiff had, testifying that “[he] [couldn't] pronounce it,” but “it's some Greek or Latin term.” After ruling on the extension, the judge stated, addressing the plaintiff, “I hope you're being treated, if in fact it's true.” The plaintiff responded, “It's not true.” It is impossible to discern whether the plaintiff was denying having any sexually transmitted disease or just the unpronounceable disease the defendant referenced.

In any event, the defendant presents only his own word that the plaintiff was lying. “Our role as a reviewing court is not to reassess credibility determinations made by the hearing judge.” Constance C. v. Raymond R., 101 Mass. App. Ct. 390, 397 (2022). “We accord the credibility determinations of the judge who ‘heard the testimony of the parties ․ [and] observed their demeanor’ ․ the utmost deference.” Yahna Y. v. Sylvester S., 97 Mass. App. Ct. 184, 185 (2020), quoting Ginsberg v. Blacker, 67 Mass. App. Ct. 139, 140 n.3 (2006). We are in no position to second guess the judge's credibility determinations on a cold transcript without seeing the witnesses and how they testified. Accordingly, we cannot disturb the judge's order.

Order entered June 3, 2022, affirmed.

FOOTNOTES

2.   The plaintiff, L.T., did not file a brief in this appeal.