COMMONWEALTH v. GRINKLEY

No. 08-P-1170.

75 Mass. App. Ct. 798 (2009)

COMMONWEALTH v. MICHAEL GRINKLEY.

Appeals Court of Massachusetts, Suffolk.

November 23, 2009.


Attorney(s) appearing for the Case

David M. Skeels, Committee for Public Counsel Services, for the defendant.

David D. McGowan, Assistant District Attorney (Leora Joseph, Assistant District Attorney, with him) for the Commonwealth.

Present: BERRY, KAFKER, & GRAINGER, JJ.


KAFKER, J.

Irrelevant deoxyribonucleic acid (DNA) statistics and improper appeals to juror emotions by the prosecutor needlessly complicated the convictions of the defendant, Michael Grinkley, for indecent assault and battery on a child. Nonetheless, overwhelming evidence of guilt — the defendant was found in bed with his pants down on top of one young victim and beside the other — and a discerning jury, who acquitted the defendant on rape and other...

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