Articles Posted in Domestic Assault Cases

On Sunday, January 25, 2015, TD, a 38 year old male mental health counselor, was arrested by the Methuen Police and charged with two counts of Assault & Battery on his wife. One of the counts alleged that TD had strangled his wife. On Monday, January 26, 2015 TD was brought to Lawrence District Court and was ordered detained (held without bail). A full detention hearing was scheduled for Friday, January 30, 2015. TD’s family contacted Attorney Robert Lewin from North Andover. Attorney Lewin obtained the papers in TD’s case from the Court and then went to the jail in Middleton to meet with TD. TD’s family retained Attorney Lewin and Attorney Lewin prepared a presentation for the Judge for the detention hearing. Attorney Lewin also met with the Assistant District Attorney assigned to the case.
Ever since the Jared Remy case (he killed his girlfriend while out on release in a domestic abuse case) the Courts have gotten much stricter in these cases. Pre-trial detention used to be very rare in these cases, now it is commonplace.
On January 30, 2015 TD was brought to court and a detention hearing was held. An agreement was reached between Attorney Lewin and the DA’s Office that TD could be released but that until the case was finished he could not go home and had to wear a GPS device. TD was released and went to live with a friend in Haverhill. The case was continued to February 13, 2015. On that date Attorney Lewin petitioned the Court to allow TD to go back home and to remove the GPS device. After a full contested hearing the Judge granted Attorney Lewin’s request and ordered that TD could go back home and that the GPS device could be removed. The case was set down for jury trial on March 30, 2015. Attorney Lewin met with TD’s wife and she signed a marital affidavit stating that she would not testify against her husband. On March 30, 2015 TD and his wife and Attorney Lewin appeared in Lawrence District Court. The case was called for trial. Attorney Lewin answered that the Defense was ready for trial. Attorney Lewin told the Judge that TD”s wife was present in court and wished to exercise her marital privilege. The Judge had a discussion with TD’s wife and the Judge accepted her exercise of her marital privilege. The DA said the state could not go forward. Attorney Lewin then moved that the case be dismissed. The judge then ordered the case dismissed. This was significant for TD as a conviction or an admission of guilt of any type that he had strangled his wife would have cost him his job and potentially would have landed him in jail. TD (and his wife) left the Court arm in arm and happy that this ordeal was behind them.

On July 14, 2014, JC, a 46 year old housewife from Tewksbury got drunk. When her husband got home from work she attacked him ripping his shirt off and throwing things at him. He called 911. The police responded. Photographs were taken by the police of the husband and of his torn shirt. JC was arrested. This was her second arrest for assaulting her husband. In 2013 she had been arrested and charged with domestic assault & battery by means of a dangerous weapon. In the 2013 case JC retained Attorney Robert Lewin and Attorney Lewin was successful in getting that case dismissed. Following her arrest she was brought to the Tewksbury Police Station; she was booked and held for court. JC again retained Attorney Robert Lewin. JC was arraigned and released and her case continued for a pre-trial hearing. Attorney Lewin met with JC’s husband and he agreed to exercise his marital privilege. In Massachusetts a spouse (husband or wife) may refuse to testify against their spouse at a criminal trial. The marital privilege only applies to testifying at a criminal trial. JC and Attorney Lewin appeared at Lowell District Court for the pre-trial hearing. JC’s husband was present at the pre-trial hearing and was prepared to exercise his marital privilege at the pre-trial hearing. The Judge ruled that the privilege could only be exercised at the trial and the case was continued to October 3, 2014 for trial.
On October 3, 2014 JC and Attorney Lewin appeared at Lowell District Court; the case was called and Attorney Lewin answered ready for trial. JC’s husband was present and was called forward. He exercised his marital privilege and the privilege was accepted by the trial judge (who happened to be the same judge who had refused to accept the privilege at the pre-trial hearing). The Assistant District Attorney stated that without the husband’s testimony the Commonwealth did not have sufficient evidence to prosecute the case and the case was dismissed. In this case there was a recording of the 911 call made by JC’s husband to the Tewksbury Police Department. In that recording the husband tells the police that he had been attacked by his wife, that she had ripped his shirt off, and that this had happened before. Normally speaking, 911 recordings are not admissible; they are hearsay evidence. One of the exceptions to the hearsay rule is that if the 911 call contains an excited utterance or if the statements made to the police are made for the purpose of quelling an ongoing emergency situation or for the purpose of determining if a person is in need of medical care then the contents of the 911 call are admissible at trial and can be used as evidence against the accused. Attorney Lewin prepared a lengthy and detailed Motion to Exclude the contents of the 911 Recording. The District Attorney agreed with Attorney Lewin’s analysis of the law and thus the Commonwealth did not go forward with the trial. JC was very fortunate that her husband did not want to go forward and she was fortunate that Attorney Lewin was able to convince the DA that the contents of the 911 call would not be admitted at trial; for the second time she walked out of the Lowell District Courthouse a free woman.

On July 19, 2014 SI, a 46 year old letter carrier from Malden, asked his 16 year old son to get ready for bed. SI and his son got into an argument. The son told SI to go f__k himself. The son alleged that SI then struck the son across the forehead pushing the son into the wall. SI’s wife got between the two of them. SI’s daughter called 911. SI left the house. The police responded. The police took statements from SI’s son, daughter, and wife. The police applied for a criminal complaint against SI for assault & battery. The police also notified DCF (the Department of Children & Families); DCF came to the house and took statements from everyone, including SI. SI denied striking his son in the forehead. DCF was told that the son (who was 2″ taller than his father and 20 pounds heavier) got up in his father’s face and was screaming at his father. SI put his open palms against the son’s chest and simply pushed the son back from SI’s face. The DCF decided to UNsupport the allegation of abuse that had been made against SI. SI retained Attorney Robert Lewin to represent him at the hearing on the criminal complaint.
Prior to the hearing Attorney Lewin met face to face with the Malden Police Prosecutor. Attorney Lewin gave the police prosecutor a copy of the decision from the Department of Children & Families showing their determination NOT to support an allegation of abuse. In addition Attorney Lewin gave the police prosecutor a copy of a statement Attorney Lewin had taken from SI’s wife wherein she corroborated SI’s version of what had occurred. On September 16, 2014 Attorney Lewin, SI and SI’s wife appeared at Malden District Court for the hearing. Attorney Lewin had SI’s wife testify. After hearing the testimony of SI’s wife the Clerk-Magistrate DISMISSED the application for criminal complaint. As a result of this disposition SI was not charged with a criminal offense, no criminal complaint was issued against him, he was not arrested, and no criminal record was created. It was as if it did not happen. SI and his wife left the court pleased with the outcome of the case.
As in most criminal cases, preparation and communication are most important. Attorney Lewin had both SI and his wife prepared for the court hearing. Attorney Lewin had communicated fully with the Police Prosecutor before the hearing. “All the ducks were lined up” before SI and Attorney Lewin walked into the hearing room.

On September 24, 2013 AC, a 33 year old female living in Malden with her 32 year old boyfriend (JR), learned that JR was using drugs. JR was sleeping. AC went into the bedroom and proceeded to wake JR up. This is where the stories diverge. According to the Malden Police Reports JR told the police that AC was standing over the bed with a large kitchen knife in her hand when she woke him up. When he saw the knife he ran to the bathroom and locked the bathroom door behind him. At that point AC began “stabbing” the door with the knife actually making a large hole in the door. AC then decided to run from the apartment. She left but then decided to go back. JR called 911. AC and JR struggled when she tried to get back in. The Malden Police responded to the scene and spoke to both JR and AC. The police arrested AC and charged her with Assault by Means of a Dangerous Weapon (the knife). There was a third party present in the apartment when all this happened, a girlfriend of AC. The girlfriend told the police that JR and AC had argued first and that JR had struck AC in the mouth causing her mouth to bleed and that he had also grabbed her arms causing her arms to bruise; it was only after JR had attacked AC that AC went into the kitchen and got the knife.

AC was arraigned on a felony charge of Assault by Means of a Dangerous Weapon. AC retained Attorney Robert Lewin. In order to level the playing field Attorney Lewin had AC apply for a criminal complaint against JR for Assault and Battery (the punch to the mouth and the grabbing of her arms) as well as an abuse prevention order. A criminal complaint was issued against JR and an abuse prevention order was entered against JR. This greatly leveled the playing field and gave AC leverage to defend against the Felony Assault charge. AC had a high powered job with a high tech firm in the medical field and a felony conviction would destroy her career.

As luck would have it JR just could not stay away from AC. He quickly violated the Abuse Prevention Order twice and found himself locked up. On March 10, 2014 the charge against AC was scheduled for trial. AC and Attorney Lewin showed up in Malden Court and answered ready for trial. JR – because he had three outstanding criminal charges – exercised his fifth amendment privilege against self-incrimination and refused to testify. The case against AC was dismissed.

On January 4, 2014 LW, a Chinese national in the US on a work visa, was arrested at his home in Malden after his wife, also a Chinese national, called the Malden Police to report that he had shoved her and slapped her on the face. He was arraigned on the charge of domestic assault & battery in Malden Court on January 6, 2014 and his case was continued to February 11, 2014 for a pre-trial hearing. LW met with and retained Attorney Robert Lewin. Attorney Lewin explained how reluctant the Middlesex County DA’s Office was to dismiss domestic assault & battery cases. Attorney Lewin spoke at length with LW’s wife; she indicated that she did not want to testify against her husband and that she wanted the case dismissed. Attorney Lewin prepared a marital affidavit which LW’s wife signed. Attorney Lewin obtained an English translation of their Chinese marriage certificate. Attorney Lewin met with the Assistant DA and presented the Marital Affidavit to the Assistant DA and put LW’s wife in contact with the Assistant DA. On February 11, 2014 Attorney Lewin and LW and LW’s wife appeared in Malden District Court. Attorney Lewin explained to the Judge that LW’s wife was present in the court and that she did not want to testify against her husband. The Judge read the marital affidavit that Attorney Lewin had prepared that LW’s wife had signed. The Judge then questioned LW’s wife to make sure that she was not being forced into not testifying against her husband. The Assistant DA then relented and agreed to dismiss the case at the pre-trial hearing. As with many of these cases, the case was won in the preparation. The result of a dismissal was critical for LW because had he been convicted or even had his case been continued without a finding then he would have been subject to deportation back to China. Needless to say he was happy with the result and he was happy that it was obtained so quickly.

On March 14, 2014, MR, a 39 year old woman and her husband, were in the waiting room of a psychologist’s office in North Andover. They were getting divorced and were litigating in the Probate Court who was going to get custody of their 9 year old daughter. The Probate Court judge had appointed the psychologist to investigate the issue of custody. On March 14, 2014 the psychologist wanted to speak to their daughter and then to MR and her husband. While the psychologist was speaking to their daughter MR went to use the bathroom. When she exited the bathroom MR claimed that her husband (a Doctor) pushed her to the floor. The Husband claimed that MR had stepped on his foot and then in a very controlled manner fell to the floor. He claimed he never touched her. When MR landed on the floor she screamed. The psychologist came out of his office. The psychologist, MR, and her husband all called 911. The police came. The police charged BOTH MR and her husband with domestic assault. The husband wanted for both MR and himself to exercise their marital privilege and not testify against each other and have both cases dismissed. MR refused. MR retained Attorney Robert Lewin. Attorney Lewin reviewed the police reports and felt strongly that the case against MR was very weak and that MR should go to trial. MR had had the presence of mind to take pictures of a cut on her elbow and a bruise on her leg that she had sustained when her husband threw her to the floor. Attorney Lewin made color enlargements of the photos. On July 29, 2014 the case against MR went to jury trial in Lawrence District Court. Attorney Lewin had thoroughly prepared MR for her testifying at her trial. MR was concerned that her husband was a “convincing talker” and “made a nice appearance”. Attorney Lewin told MR, not to worry about her husband that Attorney Lewin would deal with his “slickness” on cross examination. The trial began; the Husband testified and Attorney Lewin through cross examination was able to show that the husband was an angry man. The jury saw it. MR testified and followed all the lessons that Attorney Lewin had given her: she looked at the jury when she testified, she was polite but firm, she answered her questions with precision and confidence. The jury went out to deliberate at 12:47 PM; seven minutes later we were all back in the court room. The Jury had reached their verdict. MR was found NOT guilty. MR was thrilled. Attorney Lewin has been practicing criminal law since 1971. In 43 years of practice this was the quickest verdict that Attorney Lewin has had. As a Judge in Lawrence District Court said to Attorney Robert Lewin recently in another jury trial that ended with a not guilty verdict, “Bob, you still got your fastball”.