State v. Henry G. Bozzo

Syllabus

The defendant, Henry Bozzo, appealed from a judgment of conviction following a jury verdict of guilty on one count of first-degree child molestation sexual assault, in violation of G.L. 1956 § 11-37-8.1. The defendant advanced four assignments of error. He argued that the trial justice erred in denying his motion for a mistrial based on a police officer's reference during trial to a polygraph examination and based on the prosecutor's comments during closing argument about the defendant's courtroom demeanor. The defendant also argued that the trial justice erred in admitting testimony about his prior conviction of possession of child pornography. Finally, the defendant argued that he was denied his right to a fair trial based on various claims related to the presence of a motorcycle group known as \Bikers Against Child Abuse\ (BACA) in the courtroom during trial. The Supreme Court held that the trial justice erred in failing to grant a mistrial based on the prosecutor's comments during closing argument because the remarks were not based on evidence or testimony adduced at trial. The Court also held that the trial justice erred by admitting some, but not all, of the evidence pertaining to the defendant's prior conviction of possession of child pornography. The Court reasoned that, because the parties stipulated to the defendant's prior conviction before trial, further evidence related to the child pornography case was foreclosed. The Court drew a distinction, however, with respect to the statements made by the defendant to police about the victim in this case during the child pornography investigation because they were relevant and admissible for the purpose of proving the defendant's intent and lewd disposition toward the victim under Rule 404(b). Additionally, the Court did not reach the merits of the defendant's BACA-related claims because they were not properly preserved for appellate review. Finally, the Court declined to reach the merits of the defendant's claim