Rodriguez v. Commonwealth

*1007Jose Rodriguez, whom we shall call the defendant, was convicted of rape and assault and battery by means of a dangerous weapon. On appeal, his convictions were reversed and a new trial ordered. See Commonwealth v. Rodriguez, 378 Mass. 296 (1979). In our decision we said that the defendant’s claim that his “representation was hampered by a material misstatement made by the police” to his trial attorney on the issue of identification was “not inconceivable” and “that the defendant was entitled at least to be heard on the issue.” Id. at 307.

On remand, the Superior Court judge held a hearing on…