Commonwealth v. Kincaid

In September, 2001, a Superior Court jury found the defendant, Aaron Kincaid, guilty of four counts of aggravated rape (G. L. c. 265, § 22).1 The theory of the Commonwealth’s case was that the defendant had committed the rape as a joint venturer with Richard Lampron. The theory of *658the defense was consent. At the time of the trial, Richard Lam-pron was a fugitive from justice. The judge and counsel had taken care to prevent this fact from coming to the jury’s attention.

In May, 2002, the defendant filed a motion for a new trial, specifically for postverdict inquiry of the jurors. The defendant…