Defense urges appeals court to reverse Rodriguez conviction, citing decades-old victim memory and lack of corroboration

The Massachusetts Appeals Court heard argument Oct. 3 in Commonwealth v. Ramon Rodriguez, an appeal asking the court to reverse a conviction for indecent assault and battery on a child. Attorney Benyon, representing Ramon Rodriguez, told the three-judge panel the conviction rests on a single, decades-old eyewitness account and lacks corroboration.

Benyon said the evidence fails the Jackson v. Virginia sufficiency test and urged the court to remand because of due-process concerns. "The only case that helps the defendant in a criminal case in this country is the high standard of proof," Benyon told the panel, arguing the judge improperly credited the victim's memory despite long delay and inconsistent reactions from family members.

The Commonwealth,…