A judge has nullified the conviction of a former Massachusetts police officer found guilty of child rape and ordered a new trial, the Bristol County District Attorney's office said Wednesday.
Shawn Souza, a former police officer in Dartmouth, was convicted in September 2024 by a jury on 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, following a three day trial. He was sentenced to 10-15 years in prison.
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After the conviction, Souza's team filed a motion objecting to two aspects of the trial - the fact that the cases of two victims were combined, and that members of the Bikers Against Child Abuse organization appeared in court in support of one of the victims.
According to the DA, neither of these issues was raised as a concern during the trial. However, the judge ultimately ruled to set aside the conviction and ordered a new trial. Souza has been released from custody.
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"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 Thomas M. 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."
Souza was first accused of the crimes in 2019. The assaults happened before he became a police officer in 2008.
During the trial, prosecutors presented evidence that Souza raped a family member on multiple occasions when she was between the ages of 6 and 8 between 2011 and 2013. He was also convicted of molesting a 15-year-old girl in 2013. The second victim was a family friend and was at Souza's home with her family to watch a movie when the incident occurred.
Both victims testified and provided the court with victim impact statements.
This was the second trial held in this case. A mistrial was declared in the first trial in 2022 when the jury could not agree on a verdict.
Dartmouth Police Chief Brian Levesque previously said in a statement that Souza's actions "were a betrayal of the trust that the public holds in us. We take an oath to protect our citizens, not harm them — especially the most vulnerable."
The Commonwealth is appealing.
