Commonwealth v. Despees

In 1995, the defendant was convicted of indecent assault and battery on a person over the age of fourteen years, in violation of G. L. c. 265, § 13H. His conviction was based *646upon proof that, on the night of July 1, 1994, he fondled the genitals of a twenty-one year old mildly retarded acquaintance.

The present appeal, from the trial judge’s denial of the defendant’s motion for a new trial based on newly discovered evidence, brings this case to us for the third time. On two previous occasions, in unpublished memoranda and orders issued pursuant to our rule T.28, we remanded the case to the…