Malden Man's Child Rape Conviction Tossed

BOSTON, MA -- The state Appeals Court on Wednesday overturned the 2014 child rape conviction of a Malden man who is serving 10-12 years in state prison.

The state Appeal Court ordered that 60-year-old Augusto Aponte Lopez's convictions be overturned and a new trial ordered.

Lopez was convicted in 2014 of the 2012 rape and molestation of a 12-year-old neighborhood girl.

But the Appeals Court ruled that the trial judge improperly allowed the testimony of the girl's "theraputic mentor" who essentially testified the child lacked the ability to engage in "imagination play," suggesting she is incapable of lying.

Courtesy photo of Augusto Aponte Lopez.