Commonwealth v. Ouk

A jury convicted the defendant of rape of a child and indecent assault and battery on a child under the age of fourteen.2 On appeal the defendant argues that he was deprived of a fair trial because of misconduct committed by the prosecutor in her opening statement, direct examination of certain witnesses, and closing argument. We affirm.

1. Opening statement. The defendant challenges the prosecutor's opening statement on two grounds: that she engaged in argument that appealed to the jury's sympathy, and that she misstated the evidence. Because the defendant did not object,3 we review any…