Commonwealth v. Morales

Shortly before the defendant was about to complete service of the sentences imposed upon him for raping a twelve year old girl (Jane) and his five year old stepson (John),1 the Commonwealth brought a petition seeking his commitment as a sexually dangerous person pursuant to G. L. c. 123A, § 14. After a bench trial on the petition, a Superior Court judge found that the defendant was a sexually dangerous person who would likely engage in sexual offenses if not confined to a secure facility. The defendant argues on appeal that his trial counsel *729was ineffective in failing to keep evidence that he…