INDECENT ASSAULT AND BATTERY ON A CHILD – NOT GUILTY

On March 25, 2015, following a two day jury trial in Roxbury Municipal Court, HN, a 70 year old immigrant to the United States was found NOT guilty of three sex offenses in Roxbury Municipal Court. Attorney Robert Lewin represented HN and tried the case to a Suffolk County Jury. After the two day trial it took the jury only 40 minutes to find HN NOT guilty of Indecent Assault & Battery on a child under 14, NOT guilty of Lewd, Wanton and Lascivious Acts, and NOT guilty of Enticement of a Child Under 16 for a Sexual Act.
The case began almost one year ago on May 14, 2014. HN, then age 69, was retired and lived in the Dorchester section of Boston with his wife and one high school age son. They lived on the first floor of a two family house. HN’s landlord, the landlord’s wife, and their three children lived on the second floor. For the two years prior HN drove his son and the landlord’s youngest daughter (then age 13) to school every morning and he brought them home from school every day. On May 14, 2014 HN drove to the school to pick up his son and his landlord’s 13 year old daughter (Jane, a pseudonym). Jane got into the car. Jane testified that she got into the front seat and put the radio on and they were waiting for HN’s son to arrive so they could drive home. Jane testified that HN began to touch himself and began to masturbate; Jane further testified that HN reached across the front seat and began to rub Jane’s thigh. Jane testified that she the got out of the car. The next day Jane reported this to her best friend. In turn the police were notified and HN was charged with Indecent Assault & Battery on a child under 14 (the rubbing of Jane’s thigh), Lewd, Wanton and Lascivious act (masturbating in the car in the presence of a child) and Child Enticement (having Jane remain in the car while he performed a sex act). HN absolutely denied the allegations. HN sought out a lawyer and was referred to Attorney Robert Lewin in North Andover. After meeting with Attorney Lewin HN retained Attorney Lewin. Attorney Lewin began his case preparation and he could see cracks in Jane’s account of what happened. It took eight months to fully prepare the defense; every defense witness met with Attorney Lewin several times and was fully prepared to testify. Attorney Lewin brought the Defense witnesses into the courtroom prior to the trial and showed the witnesses where they would sit when they testified and how to direct their testimony toward the jury. Attorney Lewin thoroughly studied the “SANE” interview of Jane. (A “SANE” interview is an interview of the complainant that is conducted by a sexual abuse nurse examiner; the interview is recorded – video and audio – and the defense is given a copy of the interview.) On March 24, 2015 all the parties appeared in Court. Attorney Lewin had written out his opening and closing statements to the jury and had written out his cross examination of every government witness. No detail was left for chance. As the trial proceeded Attorney Lewin could see the looks on the faces of the jurors. Jane’s credibility as a witness was eroding with every question on cross examination. At the close of the Commonwealth’s case the Judge directed a finding of not guilty on the Child Enticement charge. On March 25, 2015 at 2:05 PM the jury went out to deliberate. At 2:45 PM the jury came in with NOT guilty verdicts on the remaining two charges. HN and his family were greatly relieved. Had he been found guilty he would have had to register as a sex offender for the next 20 years and he would have been subject to GPS tracking with a bracelet and he was looking at JAIL. HN, his wife and son gave Attorney Lewin a big group hug when they got outside the Courthouse. HN went home a FREE MAN. Attorney Lewin went home to his Sicilian wife who made him a big pasta dinner! It was a good day.