Commonwealth v. Gonzalez

After a jury trial in the District Court, the seventy-six year old defendant was found guilty on a complaint charging him with indecent assault and battery on an eight year old girl whom we shall refer to as Jane. See G. L. c. 265, § 13B. On appeal the defendant challenges the use at trial of statements *623he made to the police. He argues that his statements flowed from an illegal arrest and an invalid waiver of his Miranda rights. He also argues that the prosecutor’s closing argument created a substantial risk of a miscarriage of justice. We affirm the conviction.1

1. The trial. There was…