July 15, 2015
Bench Trial
Roxbury District Court
Client, having recently been charged with, then beating, numerous criminal matters including most recently a gun case, was held in custody as a result of his bail being revoked on another open case. Because he would have to sit for 60 days, Attorney moved quickly, scheduling the first pretrial hearing just a few weeks after the arraignment, followed by a quick trial date shortly thereafter. Attorney met the alleged victim at the arraignment. She clearly stated that her live-in boyfriend had neither hit her nor threatened her. She even provided the Commonwealth with a statement which they reduced to writing. The 911 recording told a different story, as she screamed, “he’s hitting me” just before the receiver went dead.
The alleged victim refused to cooperate or come to court to testify against her boyfriend and to Attorney’s amazement, the Commonwealth proceeded with to trial with merely the 911 recording. Because the evidence was so week Client waived a jury and proceeded with a bench trial. Client and Attorney did not want a jury to misinterpret the alleged victim’s absence at court as a sign that she was scared to testify, or that she had been told not to do so, for which neither were true.
To the amazement of Client and Attorney, it appeared that the case was going South. The 911, played in open court, sounded particularly graphic and gristly, and the police officer and 911 operator’s testimony was very credible. On the second day, the alleged victim finally showed up in an effort to exonerate the accused but when she took the stand she was not believable. Because Attorney had created reasonable doubt, the Judge had no choice but to find the accused NOT GUILTY of assault and battery on a household member and of witness intimidation. Because girlfriend’s testimony about her broken iPhone seemed painfully contrived, and the officer saw a broken iPhone model 6 on the date of the incident, Client was found guilty of Malicious Destruction of Property and sentenced to probation for a term of 12 months. Because Attorney moved the case with urgency, even faster than typical 30 day speedy trial parameters, Client was released from jail prior to the completion of the 60 days he received when his bail was revoked.
Client’s mother was pleased.
