TWO COUNTS OF ASSAULT & BATTERY DISMISSED IN MALDEN COURT

On December 4, 2012 PS (a 35 year old electrician) was at home in Reading. An on-again off-again girl friend called him and asked him to come over for a visit. PS does not drive (and that is another story – he has a license but chooses not to drive) so the girlfriend (also age 35) drove over to PS’s house, picked him up, and drove him over to her house in Wakefield. Since their last visit he had broken off the relationship with her and had begun seeing another woman; nevertheless, he went over to her house that night hoping he might get lucky. The girlfriend wanted to talk about their relationship and wanted to know if he had “been cheating on her”. Words got exchanged between them.

According to the police report PS punched her and knocked her to the ground. Another woman who lived upstairs came down when she heard the argument/fight and according to the police report PS punched her in the face. The neighbor called 911 and the police responded. PS got arrested and charged with Assault and Battery on both women. The girlfriend got charged with assault and battery on PS (PS had scratches on his neck which fortunately the police had photographed) and assault and battery on a police officer and disorderly conduct. The neighbor didn’t get charged with anything. PS denied assaulting either woman.

PS retained Attorney Robert Lewin. Attorney Lewin obtained the criminal record of the girlfriend; the neighbor had no record. Attorney Lewin went over all the facts of the case closely with PS and thoroughly prepared PS for both direct examination and cross examination. PS’s case was set down for trial on April 25, 2013 in Malden Court. On April 24, 2013 Attorney Lewin spoke with the girlfriend’s lawyer and it became clear that the girlfriend was going to exercise her Fifth Amendment privilege against self-incrimination and refuse to testify. On April 25, 2013 PS and Attorney Lewin appeared in Malden Court and answered ready for trial. Attorney Lewin informed the Judge that the girlfriend was going to exercise her Fifth Amendment right not to testify. The neighbor – who was also named as a victim – failed to appear. When the case was called the DA told the judge they could not go forward. Attorney Lewin asked the Judge to dismiss the case for lack of prosecution. The Judge granted the motion and both counts of Assault and Battery against PS were dismissed.