Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1105

Evidence that a third party committed the crimes charged against the defendant, or had the motive, intent, and opportunity to commit the crimes, is admissible provided that the evidence has substantial probative value. In making this determination, the court must make a preliminary finding that the evidence is relevant, is not too remote or speculative, and will not tend to prejudice or confuse the jury. If the evidence is otherwise inadmissible, the court must also find that there are substantial connecting links between the crime charged and a third party or between the crime charged and another crime that could not have been committed by the defendant.