Commonwealth v. Roby

In 2001, an Essex County grand jury returned six indictments charging the defendant, Randy Roby, with rape of a child under the age of sixteen by force, G. L. c. 265, § 22A. At the defendant’s first trial in November, 2003, the trial judge entered a required finding of not guilty on one of the indictments.1 The jury returned guilty verdicts on the remaining indictments. However, in October, 2004, the judge allowed the defendant’s motion for a new trial.

In December, 2008, the case proceeded to a new jury trial, before a different Superior Court judge, on the remaining five indictments.…