Contact: Beth Stone 508-584-8120
BROCKTON – The Massachusetts Appeals Court has affirmed the convictions of a Whitman man found guilty of raping a woman at a house party, Plymouth County District Attorney Timothy J. Cruz announced today.
In December, 2018, a jury found Daniel Nash, then 33, of Whitman, guilty of two counts of Rape, and one count each of Indecent Assault and Battery on a Person over 14 and Photographing an Unsuspecting Person in the Nude. He was sentenced to serve five to seven years in State Prison, to be followed by 2 ½ years in the House of Correction, suspended for two years. After serving his sentence, Nash was ordered to serve probation for three years with the conditions that he stay away and have no contact with the victim, that he wear a GPS monitoring bracelet, that he register with the state Sex Offender Registry Board and that he undergo sex offender treatment.
The charges stemmed from a Whitman Police investigation from January, 2014. At that time, Nash held a birthday party at his home in Whitman and the female victim in this case arrived at the party and stayed overnight. The following morning, the victim woke up and contacted Whitman Police to report that she had been sexually assaulted by Nash, and the victim believed there was videotape of the incident.
Whitman Police investigated and interviewed Nash, who admitted to the assault. Nash consented to a search of his cell phone by Whitman Police where a video of the incident was located.
Nash appealed his conviction to the Massachusetts Appeals Court, claiming that there was insufficient evidence to support the conviction. Today, in an unpublished decision, the Appeals Court rejected Nash’s claims.
In May, Nash filed a COVID-19 motion for release. At a hearing, the Commonwealth opposed Nash’s release, but the trial court granted his release. With today’s Appeals Court decision, the Commonwealth will be moving in the trial court for the defendant’s immediate return to State Prison.
The case was prosecuted by Assistant District Attorney Jennifer Sprague and the Appeals Court case was handled by Assistant District Attorney Audrey Anderson.