AGGRAVATED RAPE CHARGE DISMISSED

On January 8, 2013 PD, an 18 year old male, met CC on line. CC identified herself as a 17 year old female. The chatted online, they exchanged photos, they talked on the phone. One week later they agreed to meet and on January 15 PD drove to Lynn and picked her up and they drove around for a short time. They talked and both had a genuinely good time. PD brought her back home; there was no sex of any kind. They continued chatting and talking. CC told PD that she loved him. They agreed to get together again and on January 19, 2013 CC drove to Lynn again, picked up CC, and they went for a drive. She directed PD to a secluded parking lot. They kissed and talked; there was some fondling but then CC jumped out of the car. Eventually she got back in the car and PD drove her home. It turns out that CC was 14 years old and had sneaked out of the house unbeknownst to her mother. Several days later the police showed up at PD’s door and arrested him for Aggravated Rape, Rape of Child with Force, Indecent Assault and Battery on a Person 14 or older, Assault with a deadly weapon, and Threat to Commit a Crime. On January 22, 2013 PD was brought to Lynn District Court and arraigned and bail was set at $5,000.00. It took his family several days to raise the bail and PD was released. PD was bewildered as he had done nothing wrong. PD and his family contacted and retained Attorney Robert Lewin. Attorney Lewin took a very detailed statement of the facts from PD. His story had a ring of truth to it. The details were consistent with innocence. Attorney Lewin got the police reports and the girl’s statements and reviewed them in detail with PD. Again the details all pointed towards PD’s innocence. Attorney Lewin went up the chain of command in the DA’s Office and ultimately spoke with the head of the sexual abuse unit. Attorney Lewin sent a letter to the District Attorney asking the District Attorney to critically investigate the young girl’s statements. On February 28, 2013 (37 days after his arraignment) PD and Attorney Lewin appeared in Lynn District Court and the District Attorney filed a Nolle Prosequi to all the charges against PD. A Nolle Prosequi is a termination of the prosecution of a criminal case by the District Attorney. On February 28, 2013 PD walked out of Lynn District Court a free man. This happened in part because Attorney Lewin got on the case immediately, promptly prepared the case, and advocated zealously for the charges to be dropped.