Heard: June 5, 2017.
received and sworn to in the Barnstable Division of the
District Court Department on November 2, 2015.
case was tried before John M. Julian, J.
J. Mondou for the defendant.
Elizabeth M. Carey, Assistant District Attorney, for the
Present: Sullivan, Henry, & Shin, JJ.
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, §
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.
Adele 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.
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.
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
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.
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 ...