Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Hampton

Appeals Court of Massachusetts, Barnstable

July 24, 2017

COMMONWEALTH
v.
RAYMOND HAMPTON.

          Heard: June 5, 2017.

         Complaint received and sworn to in the Barnstable Division of the District Court Department on November 2, 2015.

         The case was tried before John M. Julian, J.

          Darla J. Mondou for the defendant.

          Elizabeth M. Carey, Assistant District Attorney, for the Commonwealth.

          Present: Sullivan, Henry, & Shin, JJ.

          SULLIVAN, J.

         The defendant, Raymond Hampton, appeals from his conviction of indecent assault and battery on a minor under the age of fourteen, in violation of G. L. c. 265, § 13B.[1] The defendant contends that the trial judge abused his discretion when he allowed the Commonwealth to introduce evidence that the defendant had watched adult pornography. We agree that the admission of this evidence was error, but, under the circumstances presented, we affirm.

         Background.

         Adele[2] testified that she lived at home with her parents, her sister, other tenants, and the defendant. The defendant was the child's great uncle. While living in the home, the defendant slept in a bedroom belonging to Adele and her sister. For this reason, the sisters slept on the couch or with their parents. The sisters often went back to the bedroom to play games, get toys, or watch movies on the defendant's computer.

         On October 1, 2015, Adele, then nine years old, was in the defendant's room, when the defendant grabbed her wrist tightly. At trial she testified that he put her hand under his clothes, forcing her to touch the skin of his penis. Before trial, Adele told an interviewer that the defendant forced her to touch him over his clothes. Adele also testified at trial that the defendant touched her chest, a fact not previously reported. Adele told her sister about the incident the next day, but told her not to tell anybody.

         The second reported incident occurred on October 4, 2015. Adele testified that the defendant touched her vagina with his finger, under her clothes, and caused her to bleed. The defendant told her not tell anybody about what happened. Adele told her sister about this incident at some later point.

         Adele did not tell anyone else about the incidents until October 21, when she told her counselor. The counselor then called the child's parents, who called the police.[3]

         The defendant was arrested on October 30, 2015. During an interview with Detective David Foley, the defendant denied the allegations of abuse. He also denied watching pornography with the children. The detective asked the defendant whether, if he got a search warrant for the computer, he would find any pornography related to children. The defendant told the detective that "he had ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.