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Appeals court hears challenge to Joseph Boucher conviction, defense cites jury confusion over age‑based counts
Summary
In Commonwealth v. Joseph Boucher, defense counsel argued the conviction for indecent assault and battery on a child under 14 should be vacated because overlapping testimony about incidents when the victim was 14–15, and an oral amendment to charges, may have confused jurors absent a limiting or unanimity instruction.
Attorney Jennifer Capone urged the Massachusetts Appeals Court to set aside Joseph Boucher’s conviction for indecent assault and battery on a child under 14, arguing the jury was presented with overlapping evidence that included touching when the complainant was 14 and after her fifteenth birthday and therefore may have been unable to confine its guilty verdict to the events that occurred while the victim was under 14. "Mr. Boucher's conviction ... creates a risk that there has been a substantial risk of miscarriage of…
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