ASSAULT & BATTERY ON GIRLFRIEND CHARGE DISMISSED

KC is a 39 year old director of IT for a high tech company. He is married with two young children. For about two years KC was having an affair with a 26 year old teacher at the day care center where his children go every day. On Saturday, April 6, 2019 KC told his wife he was going out to a birthday party for a fellow employee. That part was true; what he didn’t tell his wife is that he was meeting his girlfriend after the party. At about 10:00 pm that night KC left the birthday party and went to a local bar in Danvers where he met up with his girlfriend. She had been drinking and she continued to drink. Sometime shortly after midnight KC and the girlfriend left the bar and got into KC’s car. They began to argue and she told him “You are never going to leave your wife.” At that point the girlfriend went crazy and began to punch and hit and scratch KC. KC put his arms up to block the girlfriend’s punches and in the process her nose was struck and began to bleed. She then got out of the car and walked across the street to a fire station where she told the firemen that her boyfriend had beat her up. He left and drove home. Within minutes the police were at his door and KC got arrested for a domestic assault and battery on his girlfriend. Fortunately KC had the presence of mind and the smarts to take pictures of himself and all the scratches that he had on his face and neck from his girlfriend. Unfortunately for KC, his wife was there when the police came and arrested him for assault and battery on his girlfriend. As he was being led off by the police she told him don’t bother coming back home.

KC went to Court the following Monday and was arraigned. He was ordered to have no contact with the girlfriend and to stay away from her. He went to live with a brother.

KC met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin could see right away that she had been the aggressor in this case and that he had acted only in self-defense. Then the phone calls, the texts, and the emails began. The girlfriend was trying to contact KC at least 25 to 30 times each day. As instructed by Attorney Lewin, KC saved every text, email, and voice message that she left. In her texts she threatened him if he did not get back to her. Then the girlfriend contacted KC’s wife (in person, directly) and asked her what was going on with her marriage to KC. KC’s wife told the girlfriend he’s all yours if you want him.

On May 15, 2019 KC and Attorney Lewin appeared in Salem District Court for a pre-trial hearing. KC was concerned about going to trial. The girlfriend did not have a marital privilege and could be forced to testify. Attorney Lewin pointed out to KC that the girlfriend had a Fifth Amendment privilege not to testify. Because she had struck him (and we had the pictures to prove it) she could – if she wanted to – refuse to testify against KC. It really all depended on how “pissed off” against KC the girlfriend was. And she was “pissed off” because he absolutely refused to respond to all her attempts at contact. On May 15, 2019 the case was continued to July 22, 2019 for a jury trial.

Shortly after May 15, 2019 Attorney Lewin emailed the girlfriend asking that she contact him. Within one minute of the email being sent the girlfriend called Attorney Lewin. They discussed the case and they discussed her Fifth Amendment privilege not to testify in the case. She repeatedly asked Attorney Lewin why he would not call her back and Attorney Lewin explained that there was a court order in place prohibiting him from contacting her. On May 22, 2019 the girlfriend went to Salem District Court and asked the Judge to lift the stay away and no contact order. The Judge lifted the order!! Now she went crazy with the attempts to contact him again. Again he refused to have any contact with her. Attorney Lewin explained to KC that if he attempted to get her not to testify she could report that to the police and he could be charged with witness tampering (a felony in Massachusetts). His refusal to speak with her put her into a tizzy. Between May 15, 2019 and July 22, 2019 KC and Attorney Lewin met in Attorney Lewin’s North Andover office for trial preparation. Attorney Lewin and KC practiced KC’s testimony. Attorney Lewin played the role of the Assistant District Attorney and prepared KC for cross-examination. Attorney Lewin instructed KC on how to testify and where to look when testifying. KC was fully prepared and ready to testify at his trial

On July 22, 2019 KC and Attorney Lewin appeared in Salem District Court. The girlfriend and her family were present. KC’s wife and her friends were present! The case was called for trial. Attorney Lewin answered that he and KC were ready for trial. Attorney Lewin explained to the Judge that the complaining witness (the girlfriend) was present and had a Fifth Amendment privilege not to testify. The Judge appointed a lawyer to advise the girlfriend. She was angry at KC and wanted to testify and “bury him”. She felt he had just used her for sex and never had any intention of leaving his wife for her. Attorney Lewin gave the lawyer appointed to advise the girlfriend a set of color copies of the pictures of KC’s face and neck showing what the girlfriend had done to him. Attorney Lewin also gave the lawyer appointed to advise the girlfriend copies of the most revealing of the emails and texts that the girlfriend had sent. The girlfriend and the lawyer appointed to advise her spoke for almost an hour. Ultimately the girlfriend gave up and said she would not testify against KC.

The Assistant District Attorney (who was greatly relieved to be done with this case) said the Commonwealth could not go forward with the trial without the girlfriend’s testimony. The Judge looked over at Attorney Lewin. Attorney Lewin said “Your Honor, the Defendant moves to DISMISS the case.” The Judge said “This case is DISMISSED for lack of prosecution.”

This case is a great example of Attorney Lewin giving the client a set of rules to follow and the client following the rules. It is also an example of the phrase that a case well prepared is a case 90% won. After the case was dismissed Attorney Lewin and KC waited for the “crowd” (the girlfriend and her family and KC’s wife and her friends) to leave. When they were all finally gone KC and Attorney Lewin headed out the door. Once outside the Courthouse KC breathed a deep sign of relief, grabbed Attorney Lewin in a bear hug, and thanked Attorney Lewin for all he had done. When you’re a lawyer it just doesn’t get much better.