Commonwealth v. Mazzone

After a jury-waived trial, the defendant Richard Mazzone was found guilty of multiple counts of rape of a child under the age of sixteen, (G. L. c. 265, § 23), and of indecent assault and battery upon a child both before and after the child had attained the age of fourteen (G. L. c. 265, §§ 13B, 13H). On appeal, the defendant asserts error in the admission of certain evidence and challenges the judge’s determination that he had *346knowingly and voluntarily waived Ms rigM to a jury trial.1 We reverse.

Background. The complainant and the defendant met in 1990 when the former was ten years old and…