Commonwealth v. Elliott

The defendant, Joseph Elliott, was indicted on seven charges of rape and indecent assault and battery that occurred within a one-week time span against identical twin sisters, Karen and Mary. 1 ’ 2 After a jury trial, the defendant was convicted of two counts of rape and two counts of indecent assault and battery against Karen and acquitted of the remaining counts.

The defendant appeals from the judgments and from the trial judge’s order denying his motion for a new trial pursuant to Mass.R.Crim.P. 30(b), as appearing in 435 Mass. 1501 (2001). In his direct appeal, the defendant contends that…