Commonwealth v. Pickens

On Monday, August 31, 1998, two young women, Maureen and Sandra,1 were repeatedly raped by a man who forced his way into their studio apartment. Physical evidence left behind by the assailant included three lottery tickets, one of which contained the defendant’s fingerprint. One victim identified the defendant as the assailant, and other circumstantial evidence tied him to the crime. A Superior Court jury convicted the defendant of seven offenses arising out of the attacks.2

1. Identification instruction. The defense was mistaken identification, supported by an alibi — that, while the…