Commonwealth v. Pearce

Because I do not agree that the prosecutor’s closing argument requires reversal of the defendant’s conviction, I respectfully dissent.

Defense counsel outlined her theory of defense to the trial judge in argument on a motion in limine by which she sought permission to cross-examine the victim about a prior rape. When the victim was eight years old, she was raped by a sixteen year old boy who was convicted and incarcerated for that crime. 1 Proceeding on the premise that the defendant never had sexual intercourse with the victim, defense counsel explained that it was her intention to show that…