Commonwealth v. Batista

Following a jury trial in the District Court, the defendant, Abimael Batista, was convicted of five counts of indecent assault and battery on a person under age fourteen. On appeal, the defendant claims that (1) the judge erred in excluding reference to the victim's suicide attempt; (2) the prosecutor's closing argument was improper; and (3) the verdict slips did not convey specific unanimity. We affirm.

Background. In January, 2011, the defendant, who is the brother of the victim's stepfather, moved in with the victim, then twelve years old, and her family. The victim testified that shortly…