ANOTHER DOMESTIC ASSAULT AND BATTERY CASE DISMISSED

TD, a 52 year old machinist from Haverhill, is married with two children. On June 4, 4017 TD and his wife and children went to a Burger King for lunch and then to the movies at the Loop in Methuen. TD works third shift and typically goes to sleep around 1-2:00 pm. When they all left the movies his wife said they had to go to the supermarket. TD reminded her that he had to go to sleep to be able to get up to go to work. An argument broke out between the two of them; she was driving the family car and she began to poke TD with her right hand. He put his hand up to block her and pushed her right hand away causing it to bruise. She drove to the Haverhill Police Department and went inside and reported to the police that her husband had just assaulted her. The police came out of the station and questioned TD and then arrested him and charged him with a domestic assault & battery. His wife also took out an emergency restraining order against him. The next morning TD appeared in Haverhill District Court; his wife was also present. Her temporary restraining order was extended for one year and TD was ordered out of the house. He was arraigned on the assault & battery charge and that case was continued for a pre-trial hearing to a date in July.

TD then met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin took a very detailed statement of the facts from TD. It was apparent that TD’s wife had herself committed an assault and battery against TD. TD went and applied for a criminal complaint against his wife. This leveled the playing field in this battle between TD and his wife. It was clear that TD’s wife would not exercise her marital privilege. She wanted to testify and she wanted the case against him prosecuted. By TD’s applying for a criminal complaint against his wife, she was now at risk of being prosecuted herself.

TD’s case was then continued for trial to September 26, 2017. On September 26, 2017 TD and Attorney Lewin appeared in Court ready for trial. When the case was called Attorney Lewin told the Judge that there was a criminal proceeding pending against TD’s wife and that she had a Fifth Amendment privilege not to testify in this case. At Attorney Lewin’s urging the Judge appointed a lawyer to speak with TD’s wife and explain to her that if she did testify in the case against TD she could very well incriminate herself. After about 30 minutes of consulting with the court appointed lawyer TD’s wife decided that she would not testify against her husband. The Assistant District Attorney then announced that without her testimony the DA’s Office could not go forward. Attorney Lewin then requested that the criminal charges against TD be dismissed. The Judge then ordered the case dismissed.

TD’s applying for the criminal complaint against his wife and Attorney Lewin’s stating in open court (in the presence of TD’s wife) that they would bring up the fact that she assaulted TD got her to agree not to testify in the case against TD. TD left the courthouse relieved that the prosecution against him was ended favorably.