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Commonwealth v. Bundy Opinion Summary: After a jury trial, Defendant was convicted of posing or exhibiting a child in a state of sexual conduct. The case was tried under the "live performance" prong of Mass. Gen. Laws ch. 272, 29A(b). The Supreme Court affirmed the conviction, holding (1) the trial judge did not err in denying Defendant's motion for a required finding of not guilty because the state sufficiently proved the victim's conduct satisfied the statutory definition of a "live performance"; and (2) expert testimony was not required to aid the jury in understanding how the alleged "live performance" occurred.
COMMONWEALTH vs. JEFFERY BUNDY. [FN1]
SJC-11232.
Bristol. Feb. 5, 2013. - June 13, 2013.
Minor. Obscenity, Child pornography. Practice, Criminal, Required finding. Evidence, Sexual conduct, Expert opinion.
Witness, Expert. Words, "Live performance."

INDICTMENT found and returned in the Superior Court Department on December 11, 2008.

The case was tried before Robert J. Kane, J.

The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.

Diana Cowhey-McDermott for the defendant.

William R. Connolly, Assistant District Attorney, for the Commonwealth.

Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.

IRELAND, C.J.

On November 4, 2010, a Superior Court jury convicted the defendant, Jeffery Bundy, on an amended indictment
charging him with posing or exhibiting a child in a state of sexual conduct, G.L. c. 272,

Download sjc-11232.pdf

Massachusetts Law