Commonwealth v. Hartnett

In 2004, the defendant was indicted for rape of a child in violation of G. L. c. 265, § 23, and assault and battery of another child in violation of G. L. c. 265, § 13A. Following a jury trial in Superior Court, the defendant was convicted of both charges. He was sentenced to a term of from six to seven years in prison for the rape conviction, and to three years’ probation upon his release from prison for the assault and battery conviction. On appeal, the defendant claims that: it was error to admit first complaint testimony when there was an eyewitness to the rape; the judge abused his…