Commonwealth v. Pavao

The trial judge failed to conduct a colloquy with the defendant before accepting a waiver of his right to trial by jury tendered by his counsel. The Appeals Court ruled that in the particular circumstances of this case the omission was harmless and affirmed the convictions, 39 Mass. App. Ct. 490 (1995). We granted the defendant’s application for further appellate review and reverse the judgments of the Superior Court.

I

The defendant was indicted on five indictments charging five counts of indecent assault and battery on a child under fourteen years of age, four counts of dissemination of…