Commonwealth v. Robinson

The defendant was convicted of wantonly and recklessly permitting substantial bodily injury to a child in her custody in violation of G. L. c. 265, § 13J(b), inserted by St. 1993, c. 340, § 2. On appeal, she claims that there was insufficient evidence to support her conviction, and that the judge’s instruction on wanton and reckless conduct and the prosecutor’s closing argument created a substantial risk of a miscarriage of justice. We affirm.

1. Background, a. The 911 call. On August 3, 2005, at approximately 3:00 a.m., the defendant called 911 from a pay phone to report that her thirteen…