Commonwealth v. Calcagno

The defendant was convicted after trial before a District Court jury of six of indecent assault and battery on a child over the age of fourteen. On appeal, he argues that (1) the court erroneously admitted evidence of his prior sexual activity with the victim, and (2) the prosecutor improperly commented on his failure to call a witness and made other improper statements during closing argument.

The Commonwealth produced evidence of the following. The defendant, the victim’s mother’s boyfriend, had been a daily visitor to the victim’s home since she was six or seven years old. He was charged…