Posts tagged "1102415"

Souza, petitioner (Lawyers Weekly No. 11-024-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   13-P-1052                                       Appeals Court   GEORGE SOUZA, petitioner. No. 13-P-1052. Suffolk.     June 3, 2014. – March 18, 2015.   Present:  Kantrowitz, Milkey, & Hanlon, JJ.     Sex Offender.  Practice, Civil, Sex offender, Directed verdict, Instructions to jury.  Evidence, Sex offender, Expert opinion.       Petition filed in the Superior Court Department on February 2, 2009.   The case was tried before Diane M. Kottmyer, J.     Mary P. Murray for the Commonwealth. Michael A. Nam-Krane for the petitioner.     HANLON, J.  George Souza filed a petition in Superior Court seeking release from his civil confinement as a “sexually dangerous person” (SDP).  See G. L. c. 123A, § 9.  At trial, the jury was unable to reach a verdict and, thereafter, the trial judge allowed Souza’s motion for a directed verdict of not guilty.  The Commonwealth appeals, arguing there was sufficient evidence to permit a retrial.  We agree and reverse. Background.  We recite the evidence heard by the jury in the light most favorable to the Commonwealth.  Commonwealth v. Cowen, 452 Mass. 757, 763 (2008).  Souza has a significant adult criminal record, extending over a period from 1963 until his last conviction in 2000.[1]  In 1971, he pled guilty in New York to “rape in the second degree” for having “engaged in sexual intercourse with . . . [a] female less than . . . fourteen years of age.”[2]  Souza has maintained that the victim was working as a “prostitute” at the time, that she looked eighteen to him, and that she agreed to engage in sex with him. Nevertheless, in one interview, he also stated, “[A] little girl came . . . it was my fault . . . this little child . . . I should never [have] went with this child.”  When asked how old the girl had been, he said, “I have no idea . . . I don’t even want to guess.”  He was then twenty-seven years old.  On another occasion, in 2011, Souza asserted that the police entered the room where he was with the victim “before any sexual activity took place.”  More recently, in a group therapy session in 2012, Souza, discussing the New York offense, told the group that he had “engag[ed] in sexual intercourse with a 15-year-old prostitute . . . [and] that she did not look 15 because they […]


Posted by Massachusetts Legal Resources - March 18, 2015 at 4:16 pm

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