Ferrari v. Commonwealth

Leo Ferrari (defendant) was tried on five indictments charging indecent assault and battery on a child under fourteen years, one indictment charging open and gross lewdness, and one indictment charging dissemination of matter harmful to a minor on divers dates between March, 2001, and August, 2002. When the jury were unable to reach unanimous verdicts on the latter two charges, the Commonwealth decided to retry the defendant.1 He filed a motion to dismiss on double jeopardy grounds, arguing that the Commonwealth did not have sufficient evidence to convict him of dissemination of matter…