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COMMONWEALTH v. WHEELER

No. 99-P-1440.

52 Mass. App. Ct. 631 (2001)

COMMONWEALTH v. SCOTT WHEELER

Court of Appeals of Massachusetts, Norfolk.

September 25, 2001.

Attorney(s) appearing for the Case

Timothy M. Burke for the defendant.

James A. Reidy, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, GRASSO, & BERRY, JJ.

GRASSO, J.

More than twenty-five years ago, after a jury-waived trial, Scott Wheeler,1 then fifteen years old, was adjudicated a delinquent child by reason of statutory rape (G. L. c. 265, § 23). In November, 1998, he moved for a new trial. The impetus for Wheeler's motion was notification that he was being terminated from his position as a police officer in the town of Franklin...

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