Commonwealth v. David Pierce
Cape & Islands District Attorney Michael O’Keefe announced today that the Barnstable Superior Court has denied David Pierce’s second motion for a new trial. In February 2009, Pierce was convicted of four counts of rape and the court imposed a prison sentence of three to four years with probation to follow. After conviction, the defendant’s first motion for a new trial was denied. The Massachusetts Appeals Court reviewed the denial of his motion for a new trial and his direct appeal and affirmed his conviction in August 2010. Pierce filed this second motion for new trial in October, 2011.
In this motion for a new trial, Barnstable County Superior Court Judge Gary Nickerson rejected Pierce’s claim that his trial counsel was ineffective. In denying the defendant’s claims, the court found that the testimony presented by the defendant was not credible. In addition, the court held that the defense attorney conducted Pierce’s defense in admirable fashion and Pierce’s decision not to testify was against the advice of his experienced counsel.
The motion for new trial was handled by Assistant District Attorneys Lisa F. Edmonds and Elizabeth A. Sweeney.