The defendant, who did not even address the issue of waiver in his brief, has failed to show cause for such relief. As the defendant concedes in his brief, the Appeals Court, in Commonwealth v. Watkins, 33 Mass. App. Ct. 7 (1992), has held against his position on this very issue. We agree with the Watkins court's reasoning and hold that identically-worded indictments are not defective if the defendant has the opportunity to obtain, through a bill of particulars, sufficient information to enable him to understand the charges against him and to prepare his defense.

The defendant filed a timely notice of appeal, and on July 14, 1992, this court affirmed his conviction. See Commonwealth v. Watkins, 33 Mass. App. Ct. 7 (1992). Twenty-three years later, the defendant—represented by new appellate counsel—filed a motion for postconviction relief, which a judge denied on June 13, 2016.

The judge's ruling is now challenged as error. Statements made by a defendant to a private citizen, who is not acting as a government agent, are ordinarily admissible in the absence of actual physical or psychological coercion, see Commonwealth v. Allen, 395 Mass. 448, 455-456 (1985); Commonwealth v. Watkins, 33 Mass. App. Ct. 7, 14 (1992), or proof that the defendant is suffering from a physical or mental infirmity or an abnormality caused by drugs or alcohol. See Commonwealth v. Benoit, 410 Mass. 506, 511 (1991); Commonwealth v. Watkins, supra at 14 n.7. The defendant's sister was at the police station trying to give him comfort and assistance. Because there was no actual demonstration of coercion, or of any physical or mental impediment, the judge properly concluded that the statement made by the defendant was voluntary, and the evidence was correctly given to the jury for their consideration.

September 3, 1992Further appellate review denied: Reported below: 33 Mass. App. Ct. 7 (1992).