Commonwealth v. Fanara

The defendant, John P. Fanara, Jr., was at all relevant times a chiropractor. An employee and several of his patients accused him of improperly touching them. After a jury trial, the defendant was convicted of five counts of indecent assault and battery in violation of G. L. c. 265, § 13H, against five different victims.1 On appeal, the defendant argues that he is entitled to a new trial because (1) his trial counsel’s failure to object to fresh complaint testimony was ineffective assistance of counsel, (2) the trial judge’s failure to instruct the jury sua sponte on the appropriate use of…