Articles Posted in Assault & Battery

TN, a 31 year old website developer, owns a home in Peabody. He rents out rooms in the house. A young woman and her boyfriend rented one of the rooms. Arguments developed between TN and the woman and her boyfriend. TN owns a cross-bow and a bow and arrow set. The tenants filed charges against TN alleging that TN had broken into their room and stole items from their room. The boyfriend also alleged that TN had pointed the cross bow at him and said that he would kill him. TN came to see Attorney Lewin and Attorney Lewin was confident that the charges could be defeated. A hearing before a clerk-magistrate at Peabody District Court was scheduled. An application for a criminal complaint had been filed against TN by the woman and her boyfriend. The application sought to have charges of Assault & Battery by Dangerous Weapon (the crossbow), Breaking and Entering, and Larceny Over $250.00 be issued against TN. To gain leverage TN filed an application for a criminal complaint to be issued against the tenant for larceny.

On June 6, 2017 Attorney Lewin, TN, the woman, and her boyfriend all appeared for a hearing in Peabody District Court before a Clerk-Magistrate. It was important for TN to avoid having a felony charge be issued against him because he works in high tech. At the conclusion of the hearing Attorney Lewin argued to the Clerk that none of these people should want to be in a criminal court. Attorney Lewin argued that this was really a dispute over money between a landlord and his tenants. In the end the Clerk-Magistrate denied the applications for criminal complaint. TN walked out of the Court with no criminal charges being issued against him. As a result of this disposition TN has NO criminal record.

On January 28, 2017, SI, a 49 year old federal employee living in Malden with his wife and two children, went out and had a few drinks. When he came home he went into his 18 year old son’s room and asked his son to put his Xbox down and clean his room. The son told SI that he would do it tomorrow. Well, tomorrow never comes. SI and his son got into an argument. SI grabbed the Xbox and broke it. The son told SI to go f— himself. According to the son, SI grabbed the son and pushed him into the wall. SI’s wife called 911 and the police responded. SI got arrested and charged with Assault and Battery on a Household Member. SI went to court and was arraigned and then met with Attorney Robert Lewin. Attorney Lewin had represented SI in a similar case in 2014. In that prior case Attorney Lewin was successful in not having a criminal complaint be issued against SI and in proceedings with the Department of Children and Families Attorney Lewin was successful in getting the Department to unsupport an allegation of abuse. The present case raised the issue of the right of a parent to use reasonable force to discipline a child. In a 2015 decision, the Massachusetts Supreme Judicial court ruled for the first time (in its 213 year history) that a parent may use reasonable force to discipline a minor child. The Court did not decide if a parent can use reasonable force to discipline an adult child. Attorney Lewin fully prepared a legal argument to advocate on SI’s behalf that a parent has the right to use reasonable force to discipline an 18 year old child.

On June 21, 2017 Attorney Lewin and SI appeared in Malden District Court. The case was called for trial and Attorney Lewin answered that the Defense was ready for trial. The DA folded and the case was ordered DISMISSED. SI walked out of Malden Court a very happy client (for the second time).

On January 14, 2017 DM, a 28 year old male social worker, met his 28 year old girlfriend after she finished work as a waitress. They met at a bar in Salem. They had a few drinks and then moved to a second bar where the drinking continued. At closing time they left the bar and after picking up roast beef sandwiches headed back to DM’s apartment in Beverly. They had recently made a commitment to one another that they would not see other people romantically and they both stated they wanted to make a real go of the relationship. They arrived at DM’s apartment, went in, and began to eat their sandwiches. It was a good night; but then the girlfriends phone started buzzing. It was 1:30 in the morning. DM grabbed the phone and ran into the bathroom and locked the door. He looked at the most recent string of text messages and they were from a man that the girlfriend had been seeing. He knew she was not being sincere with him. DM was angry and hurt and came out of the bathroom and demanded that she leave. The girlfriend grabbed DM’s Christmas tree and threw it to the floor causing it to break. She then grabbed the corner of DM’s wide screen TV. DM ran over and grabbed the other corner of the TV. The girlfriend claimed that DM then pushed her down a flight of stairs. DM claimed she tripped and fell down the stairs. In any event she did end up down the stairs and her teeth had actually punctured through her lower lip. There was blood on her clothes and on the wall. She got up an left the apartment. She drove herself to the hospital. Her lip was sutured and photographs were taken of her face and lip. The hospital report stated that she was intoxicated and reported that her blood alcohol level was over twice the legal limit.

The next morning she went to the Beverly Police and reported the incident. The police obtained a warrant for DM’s arrest and he was taken into custody and arraigned in Salem District Court and held on $1,500.00 bail. His family posted the bail and he was released.

DM consulted with and retained Attorney Robert Lewin from North Andover. Attorney Lewin and DM went over the facts of the case in great detail. DM was able to get a picture of the broken Christmas Tree and the damaged television. Photos were also taken of the location of the television right at the top of the stairs. Attorney Lewin pointed out to DM that his girlfriend had a Fifth Amendment privilege to not to testify. If she did testify she could incriminate herself in no less than three crimes: malicious destruction of the Christmas tree, malicious destruction of the television, and operating under the influence. Attorney Lewin went to the Court and filed a Motion for permission to contact the girlfriend. (The Judge, at DM’s arraignment, had ordered DM to have no contact – directly or indirectly – with the girlfriend.) The Judge granted Attorney Lewin permission to contact the girlfriend. Attorney Lewin did contact the girlfriend and explained to her how her testifying against DM could put herself in trouble. Attorney Lewin followed up the phone conversation with a letter to the girlfriend explaining in detail her Fifth Amendment privilege not to testify in the case.

On December 31, 2016 (New Years Eve day) WQ, a 27 year old software engineer who is a resident alien from Russia, got into an argument with her husband. The couple live in Andover, MA. WQ lost control and physically attacked her husband scratching his face and arms and back. He fled the house and went to the police station. He told the police he did not want her arrested. The police photographed his injuries and then went to the house and arrested WQ. She admitted to the police that she had scratched him but she said it was in self-defense.

WQ consulted with and retained Attorney Robert Lewin of North Andover. Attorney Lewin was quite familiar with WQ and her husband as Attorney Lewin had represented her husband one year earlier in a domestic assault charge that had been filed against the husband by WQ. (See the posting on this blog dated February 24, 2016). The husband agreed to have Attorney Lewin represent his wife in this case.

After reviewing the facts it became clear to Attorney Lewin that a good case of self-defense could be made out by WQ. Attorney Lewin thoroughly prepared WQ for trial based on self-defense. Attorney Lewin and WQ had two lengthy trial preparation sessions during which Attorney Lewin prepared WQ for her testimony in Court.

On December 10, 2016 TD, a 63 year old corporate executive living in Andover, MA got into an argument with his wife. She claimed that TD grabbed her by the wrists and pulled her to the floor. She got on the phone and called 911; he grabbed an extension line and the two of them told the police that each had been assaulted by the other. The police responded to the house, spoke to each of them separately, and TD got arrested. TD and his wife had a long history of assault charges and abuse prevention orders (restraining orders) between them. TD consulted with and retained Attorney Robert Lewin of North Andover.

Attorney Lewin took a completely statement of the facts from TD and a complete history of TD’s relationship with his wife. It became clear that TD was the victim and that his wife suffering from mental illness. It became apparent that TD’s wife had attacked TD with a Swiffer Mop and then pulled TD’s hair at which point TD did grab his wife’s wrists in self defense.

Attorney Lewin advised TD to take the case to trial and the case was set down for trial on March 13, 2017 in Lawrence District Court. TD and Attorney Lewin met in Attorney Lewin’s office for two  1 1/2 hour trial preparation sessions. TD was thoroughly prepared for all the questions that Attorney Lewin would ask at the trial. In addition Attorney Lewin prepared TD for cross-examination (questions that TD would be asked by the prosecutor). On March 13, 2017 the TD and Attorney Lewin appeared in Lawrence District Court and answered ready for trial. Attorney Lewin had pictures of the Swiffer Mop. The prosecution then announced that they were declining to prosecute and the case was dismissed. (This was the third domestic assault and battery case in the last two weeks that Attorney Lewin was successful in getting dismissed.)

ED, a 61 year old financier, lives on the first floor of a two family house in North Andover. His brother and father live on the second floor. ED and his brother have been on bad terms with one another for years. On February 19, 2017 ED went upstairs to the second floor apartment to check on his father. ED and his brother got into an argument. The brother called the North Andover Police and told the police that ED had pushed the brother to the floor. The police came to the house and spoke first to the brother. The brother repeated that he had been pushed to the floor by ED. The police then went and spoke to ED. ED told the police that there had been an argument and that the two brothers had pushed one another. The North Andover Police filed applications for criminal complaints for assault against both brothers. The applications were set down for a hearing on March 16, 2017.

ED consulted and retained Attorney Robert Lewin from North Andover. ED had no criminal record and worked in banking and was at risk of losing certain banking and finance licenses. Attorney Lewin learned that ED and his brother do not talk to one another. Attorney Lewin reached out to the brother and spoke with the brother. Attorney Lewin impressed upon the brother that criminal court is a place where no one wants to be if it can be avoided. The brother agreed with Attorney Lewin’s assessment of the situation.

On March 16, 2017 ED and Attorney Lewin and ED’s brother appeared in Lawrence District Court for the Clerk-Magistrate Hearing. Attorney Lewin indicated to the Clerk-Magistrate that neither brother wished to go ahead. The Clerk-Magistrate dismissed both applications for criminal complaint that had been filed by the North Andover Police.

In the late summer of 2016 NU, a 31 year old technician from Lowell and his then girlfriend KD were going through a breakup in their relationship. The biggest issue in the breakup was a “custody dispute” over who was going to get the dog. (You could not make this story up.) KD wrote to Judge Judy (the TV Judge) and told Judge Judy about the case. Judge Judy wanted the case for TV and flew both NU and KD to California where the two of them AND THE DOG appeared on the show. Judge Judy ruled that KD had not made out her case that the dog was hers and the dog remained with NU. On October 15, 2016 NU and the dog flew back to Massachusetts. On October 16, 2016 NU and the dog were in NU’s apartment. NU began receiving text messages from KD that she needed to see the dog and have “one last reunion with the dog”. KD pleaded that she was heartbroken and wanted to see the dog. NU said no. KD’s text messages continued and then she began calling him and then she told him that she was outside his apartment building in the street and would he bring the dog out. NU relented and brought the dog outside. KD and NU went to a bench in a park across the street from NU’s apartment building. KD’s car was parked in the street in front of NU’s apartment building. Suddenly NU grabbed the dog and ran through the park toward another car that was parked across the park. As she approached that other car the back door of the car opened and a man reached out for the dog. A second man was sitting in the driver’s seat of the running car.  KD claimed that NU pushed her to the ground injuring her arm and leg and grabbed the dog and then ran back to his apartment with the dog. KD called the Lowell Police who responded. KD told the police the dog was hers and that NU had pushed her to the ground causing her to injure her arm and leg. The police went to NU’s apartment; the police arrested NU!! The police charged him with Assault & Battery on his ex-girlfriend. The police seized the dog and gave the dog to KD. NU was held in the police station overnight and was brought to Lowell District Court on the next morning and was arraigned. The case was continued for pre-trial hearing.

NU, after speaking with several lawyers, met with Attorney Robert Lewin from North Andover and hired Attorney Lewin. NU vehemently denied pushing or touching KD in any way. NU said KD got injured when she fell trying to run to the car with the dog.

On January 18, 2017 the case was called for jury trial in Lowell District Court. Attorney Lewin answered that he was ready for trial. Attorney Lewin then told the Judge that the two men – both of whom were present in Court and ready to testify for the Commonwealth – and KD had engaged in a criminal conspiracy to steal the dog from NU. Attorney Lewin said that each of the three witnesses for the Commonwealth could themselves be prosecuted for the crime of Conspiracy to Steal and that each of the three witnesses should be warned of their right not to incriminate themselves. The Trial Judge agreed and the Judge appointed three separate attorneys to speak to the three witnesses. Attorney Lewin explained to each of the lawyers the circumstances showed overwhelmingly that the two men and KD had conspired (agreed) to go to NU’s apartment in Lowell, to lure him and the dog outside, and then to grab the dog, throw the dog in the awaiting car with the two men, who would then drive off with the dog. Within ten minutes the two men let it be known that they would exercise their right not to incriminate themselves and NOT testify in the case. It took another twenty minutes and then KD (the ex-girlfriend) saw the light and she decided not to testify. The case was called again by the Judge and the DA told the Judge that their three witnesses were declining to testify and the Commonwealth could not go forward. Attorney Lewin immediately moved for a dismissal of the case and the case was ordered dismissed.

JF, a 36 year old resident alien from Russia, lived in Andover with his wife, also a resident alien from Russia. Both he and she are software engineers. On Friday evening, November 6, 2015, JF went to a retirement party for a fellow employee at a hotel in Andover. JF’s wife was angry with JF because she felt he was having an affair with another woman – an accusation that he denied. She declined to go to the retirement party with him. According to the Andover police reports at 6:40 in the morning on Saturday, November 7, 2015 the police responded to a 911 call from JF’s apartment. Upon arriving they found JF and his stunning 26 year old wife in the apartment. The police report reads: “I could hear crying coming from the bedroom so I entered the room and observed a female sitting on a mattress on the floor in the back corner of the room. .. She was crying hysterically and could barely speak. She had a laceration to her left eye that was red and swollen and a bruise at the corner of her right eye. Her face was red and appeared to be swollen.  I also observed scratches on her right arm. She had a bloody paper towel that she was patting her eye with. I asked her what happened and she replied that her husband (JF) came home at 4:30 AM drunk and they began arguing. She stated that her husband then pushed her to the ground and when she tried to get up he grabbed her by the back of the neck with one hand and was punching her in the face with a closed fist with the other hand. She was shaking and hyperventilating while trying to speak to me.” A police photographer was called to the apartment and numerous color photos of JF’s wife were taken. The police arrested JF and brought him to the Andover PD. The following Monday JF was arraigned in Lawrence District Court and his case was continued to December 11, 2015 for a pre-trial hearing. JF contacted, met with, and retained Attorney Robert Lewin in North Andover. Attorney Lewin took a detailed statement of the facts of the case and learned that in fact it was JF’s wife who had been the primary aggressor in the fight and she was the person who started the fight. In addition Attorney Lewin learned that it was JF, and not his wife, who made the 911 call to the police because he was afraid that his wife was going to kill him. Attorney Lewin filed the appropriate motions to obtain a copy of JF’s 911 call to the police. (The Commonwealth was slow to turn this over because they knew it hurt their case but the Defense got the 911 call.) In addition JF had been badly beaten and scratched by his wife and (fortunately) the police had taken photos of JF and Attorney Lewin secured color copies of those pictures. On December 11, 2015 JF and Attorney Lewin appeared in Lawrence District Court and the case was continued for a jury trial to February 23, 2016. Attorney Lewin met with JF’s wife and established an excellent relationship with her. Attorney Lewin explained that she had both a Marital Privilege not to testify against her husband as well as a Fifth Amendment Privilege not to testify. Attorney Lewin fully prepared JF for the trial. A “mock trial” was conducted in Attorney Lewin’s office. Attorney Lewin “role played” the part of the Assistant District Attorney and prepared JF for his cross-examination by the District Attorney. On February 23, 2016 Attorney Lewin and JF appeared at Lawrence District Court and answered ready for trial when the case was called. JF’s wife exercised her marital privilege and declined to testify. The Commonwealth decided not to go ahead with the case (although they could have). Attorney Lewin moved that the charge be dismissed and the Judge ordered the case dismissed. Had JF been convicted he may very well have been deported back to Russia. JF and his wife left the Court House arm in arm very happy with the outcome.

In the summer of 2015 a male in his early 20s went into a Market Basket store in Lawrence and stole a Mountain Dew. As he was headed out of the store he was confronted by a loss prevention officer. A scuffle broke out and the police were called. The police responded quickly and the male settled down. When asked for identification he said his name was SG and he gave a date of birth and an address in Nashua, NH. The police told him he would be receiving a summons to go to Court. About six weeks later a mam named SG received a summons to appear in Lawrence District Court to answer to charges of shoplifting and assault and battery. SG knew nothing about this. In fact, SG had never been in the City of Lawrence. Apparently, the male in the store had used SG’s identity as his own.

The real SG retained Attorney Robert Lewin from North Andover. Attorney Lewin took a detailed statement from SG as to where he was on the day and time of the offense and whom he was with. It was clear that SG had a solid alibi defense. Attorney Lewin filed the appropriate discovery motions to force Market Basket to produce the store security videos from the date and time of the alleged offense. The videos clearly showed the real offender and it was clear that it was not SG. When SG and his parents saw the video they immediately recognized who the real offender was – it was a cousin of SG’s (who would have known his date of birth). The cousin is a heroin addict so his behavior in the Market Basket was not a surprise.

Continue reading

On Thursday, January 7, 2016 a Salem District Court jury found KU, a former Salem State University freshman, not guilty of Indecent Assault & Battery and Assault & Battery after deliberating for only 18 minutes. The case went back to May of 2014. KU (then a 19 year old male student) and NN (then a 19 year old female student) were both freshman at Salem State. They lived in the same dormitory. On Thursday, May 1, 2014 they went to a concert on the campus and then headed back to the dorm. NN invited KU to her room. He accepted the invite. Once in the room NN put on her television and got out a bottle of vodka and made a drink for herself and for KU. The two sat on NN’s bed and talked and watched TV. They were together in the room for several hours. After that her version of what happened and his version of what happened were very different. In a statement NN gave to the campus police she told the police that KU tried to kiss her and she told him she was not interested. She then told the police that KU said he wanted to f–k her and then he pushed her down on the bed and tried removing her bra and pants (without success). NN told the police that KU grabbed and slapped her buttocks and groped her breasts. The campus police called in KU. He told the police that yes he was in the room and yes he tried to kiss her but that was all that happened. He denied holding her down (the basis of the assault & battery charge) and he denied groping her breasts and touching her buttocks (the basis of the indecent assault & battery charge). The police charged KU with the two offenses.

Continue reading