2020

DOMESTIC ASSAULT & BATTERY CHARGE AGAINST ELECTRICIAN FROM STOUGHTON DISMISSED AT TRIAL FOR LACK OF EVIDENCE

The client, an electrician from Stoughton, was arrested and charged with Assault & Battery on a Family or Household Member (G.L. c. 265, §13M) stemming from an incident with the mother of his child. The client was operating his vehicle. The child’s mother was in the passenger seat and his two year-old daughter in the backseat. An argument ensued where the child’s mother began to attack and punch the client, as he was driving the car. He pulled over and the child’s mother kicked him out of the car and drove off with the daughter in the backseat. The client, left abandoned on the street, called 911 to report that he had been assaulted and kicked out of his car. He was concerned about the safety of his child. The police went to the residence of the child’s mother and she told the police that the Defendant grabbed and twisted her hand during the car ride. Based on statement of the child’s mother, police arrested the Defendant.

Result: Attorney Patrick J. Noonan marked the case for trial and advised the prosecutor that the Defendant was the victim of the attack. Attorney Noonan explained that the child’s mother would incriminate herself were she to testify against the Defendant at his trial. She had a Fifth Amendment privilege against self-incrimination for physically assaulting the client, kicking him out of the car, and taking off with their daughter. Attorney Noonan explained that, without the testimony of the child’s mother, there was insufficient evidence to bring the case to trial. For example, the child’s mother did not call 911; the child’s mother did not have any physical injuries to corroborate her claim that the Defendant twisted her hand; there were no photographs of her hand to show any physical injuries; she did not seek any medical attention; she was not upset or emotional in speaking to police, and the Defendant never admitted to physically touching her (in fact, as evidenced from his 911 call, Defendant was adamant that he was the victim of an assault). On the day of trial, the Commonwealth dismissed the case.