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FERRARI v. COMMONWEALTH

448 Mass. 163 (2007)

LEO FERRARI v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 9, 2007.

Attorney(s) appearing for the Case

John-Paul LaPré for the plaintiff.

Sheryl F. Grant, Special Assistant District Attorney (Kerry Aleman, Assistant District Attorney, with her) for the Commonwealth.

Present: Marshall, C.J., Greaney, Ireland, Spina, Sosman, & Cordy, JJ.

IRELAND, J.

Leo Ferrari (defendant) was tried on five indictments charging indecent assault and battery on a child under fourteen years, one indictment charging open and gross lewdness, and one indictment charging dissemination of matter harmful to a minor on divers dates between March, 2001, and August, 2002. When the jury were unable to reach unanimous verdicts on the latter two charges, the Commonwealth decided to retry the defendant.1

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