Commonwealth v. Cooper
Commonwealth v. Cooper
Opinion of the Court
The defendant, Scott Cooper, was convicted in 2002 of multiple counts of rape of a child by force, G. L. c. 265, § 22A, and indecent assault and battery on a child, G. L. c. 265, § 13B. We affirmed the convictions. Commonwealth v. Cooper,
"[W]e review the denial of a motion for a new trial for 'a significant error of law or other abuse of discretion.' " Commonwealth v. Duart,
The bulk of the defendant's argument is devoted to claims of ineffective assistance of counsel. To show ineffective assistance of counsel, the defendant "must demonstrate that (1) defense counsel's conduct fell 'measurably below that which might be expected from an ordinary fallible lawyer' ... and (2) he was prejudiced by counsel's conduct in that it 'likely deprived the defendant of an otherwise available, substantial ground of defence.' " Commonwealth v. Lys,
The defendant lists numerous claims of ineffective assistance: (1) failure to investigate; (2) failure to examine witness bias; (3) failure to use prior inconsistent statements in cross-examination; (4) failure "to adequately consult with defendant"; (5) failure "to investigate potential grounds for a defense"; (6) failure to "reveal evidence at appeal that would exonerate the defendant"; (7) failure "to raise issue at appeal, such as prosecut[orial]/ selective prosecut[orial] misconduct"; and (8) failure "to raise issue that prosecutor altered evidence and introduced false evidence and perju[r]ed testimony at trial." With each claim, however, the defendant fails (and failed before the motion judge) to provide any explanation or support. For example, to raise a substantial issue as to failures in cross-examination, the defendant would need to identify what information should have been used to impeach which witness and either show where that information appears in the record or produce affidavits establishing that information. Similarly, to raise a substantial issue as to failure to raise prosecutorial misconduct, the defendant would need to identify the prosecutorial misconduct and either show where the evidence of that misconduct appears in the record or produce affidavits showing the misconduct. The same is true of all of the defendant's claims of ineffective assistance. To make out a substantial issue requiring an evidentiary hearing, the defendant needs to identify his claims and support them with either citations to the record or affidavits. See Commonwealth v. Brown,
The same problem underlies the defendant's other claim or claims of error, the only one of which that appears with any clarity is a claim of newly discovered evidence. "Where the defendant moves for a new trial on the basis of newly discovered evidence, the defendant 'must establish both that the evidence is newly discovered and that it casts real doubt on the justice of the conviction.' " Commonwealth v. Drayton,
Order denying motion for new trial affirmed.
The defendant's appeal is properly before us. Cooper v. Commonwealth,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.