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Appeals court hears clash over whether photo alone suffices in child‑image and indecent‑assault counts
Summary
At argument in 25P0589, Commonwealth counsel said Exhibit 16 — a photo showing a child’s exposed buttocks — was sufficient for indecent‑assault and child‑pornography possession counts; defense counsel told the panel Massachusetts precedent requires a four‑corners, objective review and that stricken evidence cannot be considered in a sufficiency review.
The Massachusetts Appeals Court heard competing arguments over whether a single photograph and surrounding evidence could sustain convictions in Commonwealth v. Scott Fontaine (Docket 25P0589). The presiding justice announced the panel had read the record and limited counsel to 15 minutes per side.
May it please the court, Steven Nato for the Commonwealth argued that even without evidence the trial judge struck, the remaining proof — including Exhibit 16, which the Commonwealth described as depicting the defendant pulling a child’s underwear aside to expose buttocks — was sufficient to support indecent assault and battery and possession of child sexual images. Nato told the court the image and testimony…
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