MASS BILL OF PARTICULARS TRIAL

She The defendant followed her there, which she acknowledged at trial may have been in response to her requesting help because at that point she 'wasn't able to walk.' According to the victim, the defendant then professed that he wanted to renew his relationship with her. therefore rushed to the bathroom and began to vomit. At one point, the victim took photographs or 'video clips' of the two men in a state of at least partial undress and 3 sent the images to friends using the social media application known as 'Snapchat.' At around 2 A.M., the victim felt sick, which she attributed to the taste of the marijuana-infused alcohol. After a while, the participants in the card game altered the rules so that the loser had to remove an item of clothing. The victim was drinking an orange juice and vodka mixture that she had brought with her, and she also was given a shot of vodka or tequila infused with marijuana leaves. Once at the apartment, the victim, the defendant, and Rodrigues began playing a card game in which the loser of a round had to consume alcohol. Their romantic relationship ended approximately one year before the defendant extended his invitation. At the time, the victim was nineteen The defendant and the victim previously had dated for approximately two years, and at one point they had lived together. At around midnight on January 24, 2017, the defendant invited the victim to 'hang out' with him and his friend, David Rodrigues, at Rodrigues's studio apartment in Harwich. We therefore reverse that conviction and order the entry of judgment for the defendant on that charge. The defendant also argues that the evidence was legally insufficient to support the conviction of misleading a police officer, and on that point, we agree. We disagree and therefore affirm the rape conviction. On appeal, he argues that reversal of the rape conviction is required principally because the judge improperly excluded certain text messages that the 2 victim had sent to a friend with respect to the incident in question. 265, § 22 (b), and of misleading a police officer, G. A Superior Court jury found the defendant guilty of rape, G.

Laura Marshard, Assistant District Attorney, for the Commonwealth. Indictments found and returned in the Superior Court Department on June 2, 2017. Evidence, Impeachment of credibility, Prior inconsistent statement, Relevancy and materiality. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750 (617) 5571030 19-P-722 Appeals Court COMMONWEALTH vs. NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.

Mass bill of particulars