Ahlstrom, Assistant District Attorney, for the Commonwealth. As to the question whether the defendant was living at Boyd's apartment on March 31, , the date the form was filled in, while the Commonwealth's evidence established that the defendant was not living at Boyd's apartment on April 8 and thereafter, it did not establish beyond a reasonable doubt that the defendant was not living at that address on March The judge, as trier of fact, was entitled to reject part or all of the defendant's testimony. For example, he claimed that he was living at State Street on March 31, , but also testified that the district attorney's office had moved him to Connecticut at the end of March. In the absence of any such reason, we have no basis for concluding that the judge abused his considerable discretion by not initiating further inquiry into the defendant's request.
While the defendant was in prison he signed an acknowledgment of his duty to register on three separate occasions. Even if the Commonwealth's evidence established that the defendant failed to comply with the registration requirements, the Commonwealth has failed to make the necessary showing of criminal intent. The records at issue undeniably satisfied these conditions. At one point the defendant testified that he was in protective custody during the month of April, but he later stated that he was put in the motel in Connecticut right after he was placed on probation, which would have been in mid-February. On February 12, , he was placed on probation. The defendant testified in his own defense. The defendant's testimony was inconsistent on a number of key points. Sufficiency of the evidence. The discrepancy in the numbers is immaterial because the evidence showed that the defendant did not live at either address on March 31, He was supervised by probation officer Andrea Cadieux. Accordingly, I would reverse the conviction of failure to register as a sex offender and order a judgment of not guilty to enter for the defendant on that charge. The defendant later informed the probation department that he resided in apartment , and on a third occasion, in apartment The defendant, a special education student who dropped out of school after repeating the seventh grade, was unable to read. At the outset, we observe that the judge was not required to believe the defendant's claim that he was placed in protective custody. In , the defendant was convicted by a jury of aggravated rape and related offenses in Superior Court. By January 1, , the defendant was living in Springfield. The judge, as trier of fact, was entitled to reject part or all of the defendant's testimony. He later testified as a Commonwealth witness before a Hampden County grand jury. The defendant filed motions for a required finding of not guilty at the close of the Commonwealth's case and at the close of all the evidence, which were denied. The defendant did not object to the admission of the records on this basis and, even if he had objected, we discern no prejudice in view of the fact that the defendant acknowledged at trial that he had used those very same aliases. After the defendant missed a scheduled appointment with Cadieux on March 9, , Cadieux attempted to contact the defendant using the addresses he had provided, but she was unsuccessful. He claimed, however, that he was in compliance with the statute because the Hampden County district attorney's office had placed him in protective custody out of State during the time period specified in the indictment. As noted, the defendant claims there was insufficient evidence to support his conviction. On April 21, , following a jury-waived trial, the defendant was found guilty of failing to register as required, in violation of G. I conclude that the evidence was insufficient to support the defendant's conviction; therefore, I dissent.
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