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. Prado

Appeals Court of Massachusetts, Middlesex

October 17, 2018

COMMONWEALTH
v.
REINALDO PRADO.

          Heard: May 4, 2018.

         Indictments found and returned in the Superior Court Department on March 31, 2009. Following review by this court, 86 Mass.App.Ct. 1103 (2014), a motion for a new trial, filed on August 8, 2016, was heard by Kathe M. Tuttman, J.

          Jeffrey G. Harris for the defendant.

          Emily K. Walsh, Assistant District Attorney, for the Commonwealth.

          Present: Agnes, Neyman, & Sacks, JJ.

          NEYMAN, J.

         In this case, we are asked to determine whether the act of forcing a person to penetrate her own genital opening constitutes rape within the meaning of G. L. c. 265, § 22. We hold that it does, and thus affirm the order denying the defendant's motion for new trial.

         Background.

         1. Procedural history.

         Following a jury trial in the Superior Court, the defendant, Reinaldo Prado, was convicted of one count of aggravated rape, see G. L. c. 265, § 22 (a.), three counts of armed robbery, see G. L. c. 265, § 17, and three counts of witness intimidation, see G. L. c. 268, § 13B. Represented by the same attorney he had at trial, the defendant appealed. A panel of this court affirmed the judgments in a decision issued pursuant to our rule 1:28. See Commonwealth v. Prado, 86 Mass.App.Ct. 1103 (2014) .

         More than two years later, the defendant, represented by new counsel, filed a motion for new trial, claiming that his trial counsel was ineffective for (a) failing to argue that G. L. c. 265, § 22, does not contemplate rape by compelled self-penetration; and (b) failing to challenge the sufficiency of the evidence of armed robbery where the Commonwealth proved only that the defendant used a BB gun and not a firearm as alleged in the indictment. Following a hearing, the judge[1] issued a written memorandum of decision and order denying the motion for new trial. The defendant now appeals therefrom.

         2. Facts from trial.

         The charges against the defendant arose from two robberies and sexual attacks that occurred in Burlington and Tewksbury on January 24 and 25, 2009. In both instances, the defendant responded to advertisements for adult services on the Internet Web site "Craigslist," arranged to meet the victims at a hotel, robbed them at gunpoint, and threatened to find or to kill them if they contacted the police.[2] With respect to the January 24 incident, the defendant was convicted of aggravated rape for forcing the victim to put her fingers into her vagina. Specifically, during the robbery he pulled out a black gun, backed the victim into a computer chair in the hotel room, touched her breast, and emptied the contents of her purse onto the bed. After the victim grabbed her engagement ring from among those items, the defendant directed her at gunpoint to insert her fingers into her vagina. The victim did so, against her will.[3]

         The evidence at trial was corroborated through, among other things, (a) a surveillance video recording; (b) the defendant's statements to the police; (c) the retrieval of several items from the defendant and from his truck, including a BB gun, a box of commercial grade electrical zip ties consistent with those used to restrain two of the victims, a cellular telephone (cell phone) belonging to one of the victims, handwritten telephone numbers for other Craigslist advertisements offering adult services, and papers bearing the telephone number of one of the victims and the Burlington hotel address; and (d) the retrieval of another cell phone, laptop computers, ...


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.