Sign up for the Today newsletter
Get everything you need to know to start your day, delivered right to your inbox every morning.
DA to appeal after judge overturns former Dartmouth police officer’s conviction on child rape charges
“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,” Bristol County District Attorney Thomas Quinn said.
Prosecutors are appealing a judge’s decision to overturn the conviction of a former Dartmouth police officer who was unanimously found guilty of child rape charges last year, the Bristol County District Attorney said.
Shawn Souza was convicted in October of two counts of aggravated rape of a child, one count of rape of a child by force, and one count of indecent assault and battery of a person 14 or older. He was accused of raping his young stepdaughter and molesting a teenage family friend.
After the jury unanimously convicted him, Souza was sentenced to 10 to 15 years in state prison followed by two years of probation. He has now been released from custody, District Attorney Thomas Quinn said in a statement.
Advertisement:
“The Judge’s decision sets aside the jury’s six-hour deliberations and takes away a verdict that was well supported by the evidence,” Quinn said. “The court’s decision undermines the jury system and people’s confidence that justice is being done.”
Souza was found guilty after his second trial. The first was declared a mistrial in 2022 due to a hung jury after the indictments related to his two victims were not tried together, Quinn said. Prosecutors filed a motion to try the indictments together, also known as a joinder, and Fall River Superior Court Judge Thomas McGuire allowed it.
Advertisement:
According to the DA, Judge Susan Sullivan, who presided over the second trial, overturned Souza’s guilty conviction due to the joinder and the presence of Bikers Against Child Abuse at the trial — both of which were not brought up during the trial or in a motion filed by the defense.
“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,” Quinn said.
Why were the convictions against Souza overturned?
After Souza’s conviction, his defense filed a motion that alleged prosecutors “failed to prove the elements of the indictments,” which the DA responded to. That motion did not question the joinder or the presence of BACA.
“Neither the defendant nor Judge Sullivan raised any issue at any time before or during the second trial regarding Judge McGuire’s decision to allow both victims to testify,” the DA said.
The defense or Sullivan also didn’t mention BACA, who have been in courtrooms across the state without issues, during the trial or in the motion, the DA said. Souza allegedly had “a large contingent of supporters” present, according to the DA.
Advertisement:
“(BACA) wore no clothing that identified them as part of that group,” the DA said. “They accompanied the victim outside of the courtroom due to the victim feeling intimidated by the number of the defendant’s supporters present. They accompanied the victim in the hallway, outside of the view of both judge and jury and were not disruptive.”
Sullivan then heard the defense’s motion in November, and with no notice to the state, the defense raised objections to the joinder. In her written decision, Sullivan said she thought the indictments should have been tried separately and said BACA’s presence “was an issue at trial,” the DA said.
The judge then denied the prosecutor’s Motion for Reconsideration and denied a hearing. Prosecutors are appealing, Quinn said.
“The Judge could have intervened on both issues at some point during the trial if there was concern,” Quinn’s office said. “Not only did the Judge not do so, but both issues were never raised or mentioned during the trial.”
Souza’s attorney, Kevin Reddington, was unable to be reached for comment.
To comment, please create a screen name in your profile
To comment, please verify your email address
Conversation
This discussion has ended. Please join elsewhere on Boston.com