Commonwealth v. Fales

A jury found the defendant, Robert Pales, guilty on one indictment charging rape by force of a child under sixteen, G. L. c. 265, § 22A, and on seven indictments charging indecent assault and battery on a child under the age of fourteen, G. L. c. 265, § 13B. In this appeal, the defendant claims that his trial counsel was ineffective for failing to request a limiting instruction on evidence that he characterizes as fresh complaint. We affirm.

Background. During a bench conference with counsel just prior to the December 4, 2000, trial, the prosecutor told the trial *103judge he was abandoning his…