COMMONWEALTH v. HOLT

No. 09-P-2032.

77 Mass. App. Ct. 716 (2010)

COMMONWEALTH v. DENNIS HOLT.

Appeals Court of Massachusetts, Middlesex.

September 17, 2010.


Attorney(s) appearing for the Case

Steven J. Rappaport for the defendant.

Fawn D. Balliro Andersen, Assistant District Attorney, for the Commonwealth.

Present: GREEN, DREBEN, & MILKEY, JJ.


GREEN, J.

After a Superior Court jury trial, the defendant was convicted of one count of assault on a child with intent to rape, in violation of G. L. c. 265, § 24B. On appeal, he argues that various improprieties by the prosecutor, exacerbated by the trial judge's attempt at a curative instruction, require reversal of his conviction. We agree.

Background. When he was twelve years old, John Baker (a pseudonym) met the defendant at a basketball...

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