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Appeals court hears challenge to Gagne indecent-assault conviction over intent and 'accident' instruction
Summary
Appellant James Gagne, through counsel Laura Mannion, asked the appeals court to reverse indecent-assault and battery convictions, arguing the evidence lacked any reasonable inference of intent and that the trial judge should have given an accident instruction; the Commonwealth urged affirmance. Decision pending.
An appellate panel heard arguments Monday in Commonwealth v. James Gagne over whether evidence was sufficient to support convictions for indecent assault and battery and whether the trial judge erred by not giving an accident instruction.
Laura Mannion, counsel for appellant James Gagne, told the court the touching the victim described was brief and unwelcome but that the record lacked any direct or circumstantial evidence permitting a reasonable inference that the defendant intended the contact. "We are not arguing consent," Mannion said, adding that "1 to 2…
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