State Appeals Court upholds the rape and assault convictions of a Whitman man

BOSTON — The state Appeals Court has upheld the rape and indecent assault convictions of a Whitman man.

The court affirmed the convictions of Daniel Nash, 35, who  was found guilty by a jury of two counts of rape, indecent assault and battery on a person older than 14 and photographing an unsuspecting person in the nude in December 2018.

Nash was sentenced to serve five to seven years in state prison followed by 2 1/2 years in county jail suspended for two years on the condition he doesn't re-offend and follows the conditions of a three-year probation. The conditions include 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 Appeals Court, however, granted Nash a new hearing to review the GPS monitoring portion of his probation in an opinion filed Tuesday.

The charges stemmed from a birthday party Nash held at his home in Whitman. The female victim came to the party and stayed overnight. The victim went to Whitman police the next morning to report a sexual assault. 

The police investigation showed that Nash assaulted the woman and videotaped it. 

Whitman police interviewed Nash, who admitted to the assault, according to the Plymouth County District Attorney's office. Nash also consented to a search of his cell phone and police found a video of the incident, prosecutors said. 

In May, Nash filed a COVID-19 motion for release, which was granted by a judge. The Plymouth County District Attorney's office opposed his release, and after the Appeals Court decision, announced they plan to seek his return to prison in court. 

Joe Difazio can be reached at jdifazio@patriotledger.com.