COMMONWEALTH v. MONTEIRO

No. 07-P-1864.

75 Mass. App. Ct. 489 (2009)

COMMONWEALTH v. RICHARD A. MONTEIRO.

Appeals Court of Massachusetts, Plymouth.

October 20, 2009.


Attorney(s) appearing for the Case

Stacey Gross Marmor for the defendant.

Mary E. Lee, Assistant District Attorney, for the Commonwealth.

Present: COHEN, BROWN, & WOLOHOJIAN, JJ.


COHEN, J.

After a jury trial in the Superior Court, the defendant was convicted of three counts of forcible rape of a child, pursuant to G. L. c. 265, § 22A, as amended by St. 1988, c. 194, § 237. The central focus of his appeal is his contention that the Commonwealth introduced evidence of multiple extrajudicial complaints by the victim, in contravention of the "first complaint" rule. On the basis of this...

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