Commonwealth v. Dorazio

Summary

The Massachusetts Supreme Judicial Court reviewed Herbert Dorazio’s convictions for rape of a child by force and assault with intent to rape. The court considered prejudicial joinder, admission of prior-misconduct evidence concerning an incident for which Dorazio had been acquitted, mistrial, and ineffective assistance of counsel. It reversed the convictions, addressing the evidentiary and constitutional issues including collateral estoppel and double jeopardy.

Holdings

1. The trial judge did not abuse his discretion in denying relief from prejudicial joinder because the offenses involved sufficiently similar complainants, circumstances, and methods and were related by a common pattern of conduct.
2. The evidence concerning the J.D. incident was relevant and admissible under existing evidentiary law to show intent and absence of accident or mistake, subject to an appropriate limiting instruction.
3. Under the collateral-estoppel protections necessarily embraced by article 12 of the Massachusetts Declaration of Rights, evidence of prior-bad-act conduct for which the defendant was acquitted must be excluded in a subsequent criminal proceeding involving alleged unlawful sexual conduct with minors.
4. Admission of the acquittal evidence created a substantial risk of a miscarriage of justice and required reversal of the convictions.

Questions Presented

1. Whether the indictments involving Susan and Jane were improperly joined for trial.
2. Whether evidence concerning the prior alleged sexual touching of J.D., for which Dorazio had been acquitted, was admissible under ordinary evidentiary principles to rebut accident, mistake, or lack of intent.
3. Whether article 12 of the Massachusetts Declaration of Rights and its collateral-estoppel protections barred admission of prior-bad-act evidence concerning conduct underlying a prior acquittal in a subsequent criminal prosecution.
4. Whether admission of the acquittal evidence created a substantial risk of a miscarriage of justice requiring reversal.

Disposition

reversed_and_remanded