Commonwealth v. Kessler

A District Court jury found the defendant, Michael Kessler, guilty of open and gross lewdness and lascivious *771behavior in violation of G. L. c. 272, § 16.1 The defendant appealed, arguing (1) insufficient evidence of alarm or shock on the part of persons viewing his actions; (2) insufficient evidence that he exposed himself openly; and (3) prejudicial error in the judge’s failure to instruct on the prior inconsistent statements of a witness. In an unpublished memorandum and order pursuant to its rule 1:28, the Appeals Court reversed, based solely on the lack of a prior inconsistent statement…