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COMMONWEALTH v. MARZILLI

SJC-10557

457 Mass. 64 (2010)

COMMONWEALTH v. JOSEPH JAMES MARZILLI.

Supreme Judicial Court of Massachusetts, Middlesex.

June 9, 2010.

Attorney(s) appearing for the Case

Michael W. Ford (Terrence W. Kennedy with him) for the defendant.

Bethany Stevens, Assistant District Attorney (Elizabeth A. Dunigan, Assistant District Attorney, with her) for the Commonwealth.

Andrew S. Crouch, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

MARSHALL, C.J.

The defendant, Joseph James Marzilli, was indicted on seven charges, including attempt to commit a crime in violation of G. L. c. 274, § 6,1 namely, indecent assault and battery on a person over the age of fourteen. See G. L. c. 265, § 13H.2 Prior to trial, a Superior Court judge reported the case to the Appeals Court, pursuant to Mass. R....

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