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COMMONWEALTH v. FREDETTE

No. 00-P-989.

56 Mass. App. Ct. 253 (2002)

COMMONWEALTH v. JOSEPH A. FREDETTE.

Court of Appeals of Massachusetts, Worcester.

October 11, 2002.

Attorney(s) appearing for the Case

Alan J. Black for the defendant.

Beth R. Levenson, Special Assistant District Attorney, for the Commonwealth.

Present: LAURENCE, GILLERMAN, & MILLS, JJ.

LAURENCE, J.

The defendant appeals from his 1995 convictions, after a jury trial, on three counts of unnatural and lascivious acts. G. L. c. 272, § 35.1 We conclude that the cumulative prejudice to the defendant from defective jury procedures and the prosecutor's improper closing argument mandates a new trial.

Background. The incidents resulting in the convictions allegedly took place from 1971 to 1973, while the defendant...

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