Description: Boston, Massachusetts criminal defense lawyer represented the Defendant charged with indecent assault and battery on a person over the age of fourteen, in violation of G. L. c. 265, § 13H.

During the first Lyft ride, the defendant picked the victim up at her home and dropped her off at her destination with no issue. But the defendant was assigned to the victim's return ride as well, and when he picked her up, about fifteen minutes after dropping her off, he asked her to sit in the passenger side back seat. He stated that he "like[ed] to see where [his] passengers are." Though the defendant had not made this request during the victim's first ride, she complied.

While the conversation started off casually, the defendant soon began to ask questions a reasonable jury could have considered to be sexual in nature. He asked the victim if she was married or had a boyfriend and if she liked bananas, which she interpreted as referring to male genitalia. The defendant then began "massaging the lower part of [the victim's] leg" with his hand and "gradually started moving up [her] . . . shin [until] he got to about [her] knee. . . . Then he just kept moving higher and higher." The defendant "got approximately mid-thigh." Then, the defendant asked, "[C]an I keep going[?]," and started to move his fingers, at which point the victim jerked back and said, "no." Then, the defendant "slowly" removed his hand from the victim and drove her home.

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Legal issue Was the evidence sufficient to support the conviction of indecent assault and battery when considering claims of improper closing arguments and ineffective assistance of counsel?
Headnote

CRIMINAL LAW. INSUFFICIENT EVIDENCE. The case involves an appeal against a conviction for indecent assault and battery on a person over the age of fourteen, where the defendant argued that the evidence presented was insufficient to support a guilty verdict.

CRIMINAL PROCEDURE. CLOSING ARGUMENTS. The appeal challenged the propriety of the prosecution's closing argument, claiming it improperly bolstered the victim's credibility and misstated evidence, yet the court found no substantial risk of miscarriage of justice.

CRIMINAL LAW. INEFFECTIVE ASSISTANCE OF COUNSEL. The defendant's claim of ineffective assistance of counsel was based on the failure to file a motion to suppress an out-of-court identification and failure to conduct an independent investigation, which the court found unfounded given the proper conduct of the identification procedure and lack of evidentiary support for further investigation.

Key Phrases Indecent assault and battery. Insufficient evidence. Ineffective assistance of counsel. Prosecutor's closing argument. Photo array identification procedure.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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