Commonwealth v. Kozubal
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The Supreme Judicial Court affirmed Defendant's convictions with the exception of two counts, which the Court vacated under Mass. Gen. Laws ch. 265, 13B 1/2, holding that Defendant's convictions stemming from incidents that occurred where the jury found Defendant was not acting in his official capacity as a mandated reporter must be set aside.
Defendant was convicted of various charges of indecent assault and battery on a person under the age of fourteen by a mandated reporter, Mass. Gen. Laws ch. 265, 13B 1/2, and indecent assault and battery on a person under the age of fourteen, Mass. Gen. Laws ch. 265, 13B, holding (1) the trial judge did not err in denying Defendant's peremptory challenge of a racial minority juror; (2) even if the admission of text messages between Defendant and the victim was erroneous, there was no prejudice; (3) there was no error in the prosecutor's closing argument; (4) the jury instruction on the definition of mandated reporter was not erroneous; and (5) pursuant to this Court's ruling in Commonwealth v. Gomes, 483 Mass. 123 (2019), two of Defendant's convictions under section 13B 1/2 must be set aside and the case remanded for entry of a judgment of guilty of the lesser included offense of indecent assault and battery on a person under the age of fourteen.
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