The normal protocol is that defense attorneys and their clients are allowed to view the recordings at a police station or the district attorney’s office.

Attorney Stephen Juskewitch told Justice Jeffrey Hjelm in a hearing earlier this spring that viewing the DVD at the police station is not a “productive method.”

Juskewitch is defending Raymond Currier of Dedham, who has been indicted on seven counts of assault, 10 counts of unlawful sexual contact and three counts of unlawful sexual touching.

“I’ve reviewed it once,” said Juskewitch. “I’d like to review it with experts. I think there are some significant lapses in protocol for conducting the forensic interview.”

“We don’t like to release those tapes,” said prosecuting attorney Mary Kellett. “We want to keep close control over these.”

Juskewitch can see the recording as many times as he wants in the district attorney’s office, Kellett said.

Hjelm said this is the first time he has encountered this issue.

“I understand the state’s concerns — especially in the age of the Internet and ‘YouTubes’ and the rest,” Hjelm said.

Ultimately, Hjelm sided with the defense.

Hjelm stated in his ruling that the state opposes the defense’s request on the grounds that because of the material’s sensitive nature, its dissemination should be strictly limited.

“The court agrees with this principle,” Hjelm stated. “However, the court also concludes that in the particular circumstance of this case, the defense would be unfairly inhibited in its ability to prepare his defense were his attorney not provided with a copy of the recording.”

The process of having the defense’s forensic experts view the recording at the district attorney’s office would require the defense to expose to the state investigative work that the state would not otherwise know, the justice stated.

“The court further concludes that sufficient restrictions can be imposed to ameliorate the chance of improper disclosure of the material to others, if the defendant were provided a copy of it,” stated Hjelm.

The restrictions include that Juskewitch is not to copy the DVD, which can be viewed only at his office. The defense attorney is to remain present when the DVD is played. No one else should view the recording and the copy should be returned to the state when the case is closed.