Commonwealth v. Gernrich

Following a jury-waived trial in the Clinton Division of the District Court, the defendant, Brian E. Gernrich, was convicted of making a false report of a crime to a police officer in violation of G. L. c. 269, § 13A. The complaint charged that the defendant, an inmate, falsely reported a sexual assault to a deputy sheriff employed at the facility. The defendant appealed, claiming that a deputy sheriff is not a police officer within the meaning of the statute and, as a consequence, the evidence was insufficient to sustain the conviction. We granted his application for direct appellate review.…