Commonwealth v. Casey

The defendant was convicted of rape of a child and indecent assault and battery on a child under the age of fourteen years. More than three years after the convictions, the defendant filed a motion for a new trial raising multiple issues, all of which are included in this appeal. A judge in the Superior Court, who was also the trial judge, ordered a new trial on the ground that an alternate juror had been present during jury deliberations for approximately two minutes and asked a question, and consequently did not reach the other issues raised in the motion for a new trial. The Commonwealth…