Commonwealth v. Proulx

The defendant, David Proulx, was convicted of the forcible rape of a child, G. L. c. 265, § 22A, by a Superior Court judge after a jury-waived trial on July 2, 1980. The defendant now appeals from the order denying his second motion for a new trial, filed thirty-seven years after his conviction. Concluding the defendant's arguments are either waived or without merit, we affirm.

1. Background. At approximately 1:00 A.M. on June 8, 1979, the fifteen year old victim was walking alone on a street in Lawrence when she encountered the defendant, with whom she was familiar. The defendant grabbed the…