COMMONWEALTH v. PELOSI


441 Mass. 257 (2004)

COMMONWEALTH v. FRANCIS PELOSI.

Supreme Judicial Court of Massachusetts, Suffolk.

March 19, 2004.


Attorney(s) appearing for the Case

Douglas J. Beaton for the defendant.

John P. Zanini, Assistant District Attorney (Amanda Lovell, Joshua I. Wall, & Greer Spatz, Assistant District Attorneys, with him) for the Commonwealth.

The following submitted briefs for amici curiae:

Richard Van Nostrand, Martin W. Healy, & Lee D. Flournoy for Massachusetts Bar Association.

Thomas F. Reilly, Attorney General, Martha Coakley, District Attorney, Paul F. Walsh, District Attorney, & Marguerite T. Grant, Assistant District Attorney, for Department of Social Services & others.

Wendy J. Murphy for Jane Doe Inc. & others.

Daniel J. Kelly & Gregory D. Cote for National Crime Victim Law Institute & others.

Carol A. Donovan, Committee for Public Counsel Services, Sarah Wunsch, & Charles McGinty for Committee for Public Counsel Services & others.

Keith P. Carroll, of Connecticut, & Lisa A. Tenerowicz, Philip J. Catanzano, Andrew N. Nathanson, & Kathryn M. Reardon for Victim Rights Law Center & others.

Elizabeth D. Scheibel, Thomas F. Reilly, Attorney General, Cathryn A. Neaves, Assistant Attorney General, & Virginia A. Peel, for Massachusetts District Attorneys Association & others.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


CORDY, J.

After a jury trial, the defendant was convicted of two counts of rape and of two counts of indecent assault and battery on a child under the age of fourteen years. The victims were his children. A divided panel of the Appeals Court affirmed the convictions. Commonwealth v. Pelosi, 55 Mass.App.Ct. 390 (2002). We granted the defendant's application for further appellate review.

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