In February of 2025, a judge "set aside" the guilty verdict of a former police officer in Dartmouth, Massachusetts. He had previously been found guilty of child rape and indecent assault & battery. Many people are confused about this case, and you might not have heard of a guilty verdict being "set aside" in such a way. How does this process work, and how can you defend yourself against criminal charges in Massachusetts?
Stunning Change of Fortune for Former Police Officer Accused of Child Rape
In October of 2024, a former Dartmouth police officer was sentenced to between 10 and 15 years in prison for child rape and indecent assault and battery. That appeared to be the end of the defendant's story, and the three-day trial led to a clear jury verdict. One of the victims was just six years old when the abuse began, while the other was 15. This ending came after a rocky start, with the defendant escaping charges back in 2022 due to a mistrial.
In February of 2025, the defendant was released from custody. This came after a judge agreed to "set aside" his guilty verdict, and suddenly, the defendant's fortunes seemed to change in a stunning way.
The defendant was released after a successful appeal by the defense. Counsel argued that this case actually represented two separate offenses under completely different circumstances, and they should never have been joined together. A district court judge heard this argument and agreed with the defense's argument.
As you might expect, the District Attorney presiding over this case is incensed. In a statement, the DA complained:
"In my over 36 years of practicing law, I have never seen a judge deliberately nullify a unanimous jury verdict without giving the District Attorney's Office the right to a full hearing."
The DA also reminded the public that a judge held a hearing over whether the two cases should be joined together and that the judge did not object or raise any potential issues. He also pointed out that the defense counsel never raised this issue during the trial. Finally, he argued that the decision "undermines the jury system" and raises questions about whether "justice is being done."
What Does "Setting Aside a Verdict" Mean?
In this case, the "setting aside" of the verdict by the judge will simply result in a new trial. At first glance, this might seem like delaying the inevitable rather than escaping the consequences of a negative decision. However, a new trial can provide a new opportunity to pursue justice – and it is something that defendants generally see as positive.
Can a Massachusetts Defense Attorney Help After a Guilty Verdict?
Despite what many people think, a guilty verdict is not necessarily the end of your criminal justice journey. With help from an experienced Massachusetts criminal defense attorney, you can appeal your verdict and push back with various strategies. Schedule a consultation with Edward R. Molari today to explore these potential strategies in more detail.