Commonwealth v. Valerio

Following a jury trial, the defendant, Henry O. Valerio, was convicted of three counts of rape of a child, one count of assault with intent to rape a child, and one count of indecent assault and battery on a child. The defendant had been present throughout the trial, until March 21, 1990, when the defendant defaulted. The guilty verdicts were taken in absentia, and a capias issued for his arrest.3

Over twenty years later, in 2010, the defendant was located in the Dominican Republic and returned to the United States, at which time he was sentenced.4 He subsequently filed two motions for new…