Commonwealth v. Poillucci

As might be expected during rush hour on a Friday, traffic on March 22, 1996, was moderate to heavy on Route 128 as it coursed through Wakefield. A ten year old girl, the judge could have believed, saw the defendant’s car driving close to her father’s. She was seated directly behind her mother in the rear passenger seat and noticed the defendant — there is no dispute that he was the driver — smiling and wearing a hat. In a matter of seconds she saw him arch his back, with his shirt unbuttoned beneath his chin. All the while his left hand was “going up and down and . . . pulling” on an object…