Commonwealth v. Irwin

Having been found guilty by a District Court jury on a charge of indecent assault and battery on a child under fourteen, in violation of G. L. c. 265, § 13B, the defendant, John R. Irwin, now appeals. The principal contentions are (1) that the Commonwealth’s use of the defendant’s failure to reach out to the police and his delay in speaking to them — as evidence of consciousness of guilt — was improper under the common-law rules of evidence and violated the defendant’s privilege against self-incrimination, and (2) that his counsel was ineffective in failing to object to this evidence and to…