Witness Intimidation

March 2, 2024

Domestic Assault and Battery And Witness Intimidation Charges Dismissed

AL, a 31 year old technical advisor from Andover, and his wife DL, are in a difficult marriage. They have one child, a 2 year old daughter. On August 22, 2023, DL called the police and alleged that her husband had struck her and had taken her phone and thrown it into the woods. The police responded and arrested AL. AL was charged with Assault and Battery on Household Member and Witness Intimidation. AL met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin obtained a copy of the 911 call. It was immediately apparent that the 911 call was made a significant time after the dispute between Al and DL and the call did not have the hallmarks of an excited utterance.

Attorney Lewin filed a Motion to Exclude the 911 call as evidence in the case on the grounds that it was not an excited utterance. The Motion was set down for a hearing on December 7, 2023. On December 7, 2023 AL and Attorney Lewin appeared in Lawrence District Court for a hearing on the Motion. The Motion was called for a hearing before the Judge and the Assistant District Attorney conceded that Attorney Lewin was correct and that the Commonwealth would not be using the 911 call as evidence. The case was set down for trial on February 5, 2024.

November 3, 2020

KIDNAPPING CHARGE TO BE DISMISSED

by Robert D. Lewin

On November 7, 2019 KM, an 18 year old female from Andover, was released rom a Mental Hospital after being treated as an in-patient for schizophrenia. On the next day, KM drove to Tewksbury picked up her 13 year old female cousin, telling the cousin that the cousin’s Mother had asked KM to pick her up from the school bus. KM brought the cousin to KM’s parents’ apartment in Andover. KM’s parents were out of the country. KM suffers from mental illness and refused to bring her cousin back home to Tewksbury. KM locked herself and the cousin in KM’s bedroom and took KM’s phone away. KM texted to her cousin’s mother that KM was going to have the cousin sleep over. The Mother texted KM back that the cousin was not to sleep over. The mother attempted to text and call her daughter, but KM had taken her cousin’s phone away.

The cousin’s mother left work and headed to KM’s parents’ apartment in Andover. KM also called the police. The mother and the police met at the apartment at about the same time. They banged on the door but there was no response. The Mother was frantic and explained to the police the KM’s schizophrenia caused KM to be delusional and she feared that KM had harmed her daughter. The police banged and pushed on the door of the apartment but it was locked with the deadbolt. The police then called for “breaching tools”. Just before breaking the door down the police heard screaming and screeching from within the apartment. They heard the cousin yelling “Let me go, Let me go, I want to get out, help me.” The police then broke the door down. The cousin came running out of the apartment in tears. The police entered the apartment. KM was sitting on a couch as if nothing had happened. The police cuffed KM. The police took a detailed statement from the cousin who told them how KM had taken her phone and refused to let her call her parents and refused to take her home. The cousin told the police that KM was convulsing and talking nonsense. The police brought KM to the hospital where she was involuntarily committed as a mentally ill person who was dangerous. The police filed criminal charges against KM of Kidnapping (a felony) and witness intimidation (a felony).

KM’s parents sought out a lawyer and met with Attorney Robert Lewin from Andover. KM’s parents retained Attorney Lewin. Attorney Lewin immediately got KM into treatment with a psychiatrist and a mental health counselor. Attorney Lewin recognized the need to ultimately convince a Judge that KM was not dangerous and did not need to be locked up. Attorney Lewin also recognized that some time was needed to let everyone’s emotions calm down (especially the cousin and her mother).

April 5, 2020

Violation of an Abuse Prevention Order and Witness Intimidation Charges Dismissed in Lawrence District Court

by Robert D. Lewin

On October 24, 2019, IW, a 47 year old disabled married man from the Dominican Republic, was living in Lawrence with his wife and their 1 1/2 year old daughter. Previously his wife had taken out an abuse prevention order against him. The order was in effect on October 24, 2019 and the order ordered IW not to abuse his wife. The night before October 24, 2019 IW drank a great deal. On the morning of the 24th IW’s wife went to work leaving IW at home with their 1 1/2 year old baby. When IW awoke he was still drunk and he called his wife and told her she better come home from work to take care of the baby. In addition IW told his wife that he was going to throw all her clothes out in the street and that he wanted her out of the house. IW’s wife returned home from work and IW and his wife got into a heated argument. His wife then told IW that she was going to call the police and she did. She told the police that when she told IW she was going to call the police he told her “call the cops and you will see what happens”. After she called the police IW left the apartment. As he was leaving the building the police arrived and detained IW. The police talked to IW and he admitted that he was drunk. The police spoke with his wife and then the police arrested IW and charged him with violating the no abuse order and with witness intimidation (threatening her if she called the police).

On October 24, 2019 IW was brought to Lawrence District Court. He was appointed a lawyer and given a date to return to court. When IW could not reach his court appointed lawyer and when the court appointed lawyer did not return IW’s calls, IW contacted Attorney Robert Lewin from Andover. Attorney Lewin and IW met and IW subsequently retained Attorney Lewin. Attorney Lewin reviewed the police reports with IW and told IW that the Commonwealth would have a very difficult time proving either one of the charges against IW. Attorney Lewin told IW that the evidence was not there to prove either of the charges and that he absolutely should take the case to trial. Attorney Lewin explained to IW that the Commonwealth would not dismiss the case prior to the trial date. Clients have a difficult time accepting the fact that the District Attorney’s Office will NOT dismiss a domestic abuse case prior to the trial date.

On December 12, 2019 IW and Attorney Lewin appeared in Lawrence District Court for IW’s pre-trial hearing. Attorney Lewin approached the Assistant District Attorney about dismissing the case but the Assistant DA said they will not dismiss a domestic abuse case prior to trial. The case was continued for a jury trial to February 3, 2020.