Former Dartmouth police officer appears in Fall River court after child rape case overturned

The case has moved forward concerning former Dartmouth police officer Shawn Souza who had his October 2024 conviction for multiple child rape charges overturned and a new trial ordered shortly after sentencing.

Souza had been found guilty following a jury trial of Rape of a Child, Aggravated Rape of a Child by Age Difference and Indecent Assault and Battery on a Child over Fourteen along with a State Prison sentence issued of 10-15 years.

According to the DA, “when the victim testified, three of her supporters sat in the back of the courtroom.  They were part of the Bikers Against Child Abuse organization (BACA); however, they wore no clothing that identified them as part of that group.  They accompanied the victim outside of the courtroom due to the victim feeling intimidated by the number of the defendant’s supporters present.”  The DA stated that “they accompanied the victim in the hallway, outside of the view of both judge and jury and were not disruptive. At no time during the trial or sentencing did the defense attorney or Judge Sullivan raise any issues related to the BACA representatives or make any mention their presence in the courtroom.  BACA has appeared numerous times in Courtrooms throughout the Commonwealth and multiple times in Bristol County without issue.”

The DA previously released the following:

“The defendant then filed a Motion for Required Finding of Not Guilty.  The only claim raised in the motion was that the Commonwealth failed to prove the elements of the indictments.  The Commonwealth responded to the claims in the motion.  The defendant’s motion did not raise the issue of joinder or BACA being present at the trial. The Defendant’s motion was then heard before Judge Sullivan on 11/18/24.  With no notice to the Commonwealth, the defendant raised an objection to the joinder of the indictments for the first time at the hearing.  A brief argument was heard by the court on that issue.  BACA’s presence at the trial was not raised or discussed by either party or the Court.  Judge Sullivan then set aside the jury verdict and ordered a new trial.  In her written decision she indicated that she agreed the indictments should have been severed.  The judge on her own motion also raised for the first time, with no facts developed on the record, that BACA’s presence was an issue at trial. 

“We then filed a motion for reconsideration.  The Commonwealth asked for an evidentiary hearing on the BACA issue as there was no evidence in the record at all to support the judge’s claim. The Judge could have intervened on both issues at some point during the trial if there was concern.  Not only did the Judge not do so, but both issues were never raised or mentioned during the trial.  The court denied the Commonwealth’s Motion for Reconsideration, without a hearing.  The guilty verdict by the jury was set aside by the Court and the defendant was released from custody.  The Commonwealth is appealing.”

“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.  The Motion was allowed based on issues that were not properly raised by the defendant or were raised for the first time by the Judge in her written decision without a proper record for her to make such a ruling,” District Attorney Quinn said. “The jury unanimously convicted the defendant, a former police officer, of serious child rape charges.  The Judge’s decision sets aside the jury’s six-hour deliberations and takes away a verdict that was well supported by the evidence.  The court’s decision undermines the jury system and people’s confidence that justice is being done.   Issues of fairness that arise during the trial are for the appellate process which proceeds in a way where a trial record is reviewed, and all parties have the appropriate opportunity to be heard. “

The DA’s appeal remains pending.

On Friday, there was a status review hearing in Fall River Superior Court. Filing of motions is scheduled for November with another status review scheduled for January of next year.

The case has resulted in strong emotions as some close to Souza profess his innocence and others are outraged that the verdict and sentencing were overturned.