Commonwealth v. Kerr

On September 1, 1988, the defendant, formerly a police officer with the Malden police department, was found guilty of violating G. L. c. 265, § 25 (1988 ed.), when he “did, as a police officer, verbally, maliciously and unlawfully use or threaten to use against James J. Sullivan, the power [or] authority vested in him, with the intent to compel Mr. Sullivan to do any act against his will.” At the close of all of the evidence the defendant moved for a required finding of not guilty. The motion was denied. The defendant then appealed. In December of 1988, this court decided a trilogy of cases…