Posts tagged "1102915"

Commonwealth v. Cuevas (Lawyers Weekly No. 11-029-15)

  Commonwealth vs. Eagle Eyes Cuevas.1 1 Also known as Leonides Cuevas. No. 13-P-1792. APPEALS COURT OF MASSACHUSETTS December 9, 2014, Argued March 24, 2015, Decided PRIOR-HISTORY: Hampden. Civil action commenced in the Superior Court Department on July 12, 2010. The case was tried before Constance M. Sweeney , J. COUNSEL: Edward B. Fogarty for the defendant. Deborah D. Ahlstrom, Assistant District Attorney, for the Commonwealth. JUDGES: Present: Cypher, Wolohojian, & Blake, JJ. Blake, J. After a jury trial in the Superior Court, the defendant, Eagle Eyes Cuevas, was found to be a sexually dangerous person and committed to the Massachusetts Treatment Center at Bridgewater for between one day and life. On appeal, Cuevas argues that it was reversible error to admit prior out-of-State convictions, claiming that the records were not properly authenticated and did not demonstrate that he was represented by counsel. He also claims that it was error to deny his request for fourteen peremptory jury challenges. We affirm. Background. At trial, the Commonwealth presented the reports and testimony of two qualified examiners, Dr. Katrin Rouse-Weir and Dr. Michael Murphy. Both examiners interviewed Cuevas and reviewed his treatment records, his Department of Correction records, and his criminal history, which included both sexual and drug offenses. As a result of their work, both opined that Cuevas was a pedophile who was likely to reoffend and therefore met the statutory definition of a sexually dangerous person as set forth in G. L. c. 123A.2 Cuevas presented no expert evidence of his own. FOOTNOTES 2 Rouse-Weir opined that Cuevas suffered from a mental disorder, pedophilia, based on his interest in prepubescent children and that Cuevas demonstrated characteristics of antisocial personality disorder. Rouse-Weir concluded that probationary requirements and treatment were insufficient to prevent Cuevas from reoffending. Murphy also concluded that Cuevas met the standard to be adjudicated sexually dangerous. Notably, Cuevas told Murphy that he fantasized about having sex with his girlfriend’s son and detailed how he groomed the child to accept his sexual advances. See note 4, infra. Cuevas admitted to Murphy that he was a pedophile. Murphy also concluded that any protective factors were insufficient to protect the public if Cuevas were to be released. The jury could have found the following regarding Cuevas’s history of offenses. In 1995, in New York, he pleaded guilty to attempted sexual abuse in the first degree for touching a girl’s breast.3 Cuevas received a committed sentence of eighteen months to three years in prison. In 2004, in Massachusetts, Cuevas was convicted of rape of a child and indecent assault and battery on a child under the age of fourteen for sexual assaults that occurred on diverse dates between 1999 and 2003.4 Cuevas received a sentence of not less than five but no more than seven years in prison with lifetime community parole. FOOTNOTES 3 The victim was thirteen years old. 4 Cuevas pleaded guilty to these offenses. The victim, the son of the defendant’s girlfriend, was six years old when the defendant began to sexually […]


Posted by Massachusetts Legal Resources - March 25, 2015 at 11:34 pm

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