Massachusetts Criminal Lawyer Blog
LM, a 31 year old HVAC Tech. was charged with Assault & Battery on AB, the mother of their child. He vehemently denied the charge. On July 26, 2022 LM had his daughter for parenting time and was returning her to AB at an agreed upon return spot in Methuen (a convenient storer parking lot). On the way to the convenient store, AB texted LM and asked LM to bring the child to her home. He refused, and said the agreed spot is the parking lot of the convenient store. She was angry at his refusal. She drove to the convenient store and he arrived in the parking lot. Instead of waiting for LM to bring their daughter over to her car, AB got out of her car and ran over to LM’s van and attempted to remove their daughter from the van. LM yelled at her and a swearing match began between the two of them. He called her a “fucking bitch”. She yelled at him “Hit me, I dare you”. Finally, LM’s girlfriend who was in LM’s van got out and removed the daughter from her car seat. LM then picked his daughter up and hugged her and gave her to AB. AB had already called 911. LM saw a police officer in the convenient store and went in and got the police officer. The police officer was from Lawrence and could not do much, Within moments the Methuen Police arrived. AB told the police that LM had shoved her and pushed her. LM denied. LM was arrested and charged with Domestic Assault and Battery.
LM was assigned a public defender, but sought out a private criminal lawyer. LM met with and retained Attorney Robert Lewin from Andover. It turns out that AB had recorded the verbal exchange between herself and LM on her cell phone. It also turns out that there was a security video of the parking lot from the convenient store. The audio recording was not helpful to LM. He was loud and aggressive and swearing at AB.
Attorney Lewin listened carefully to the audio recording. And Attorney Lewin and LM studied the video together carefully. It turns out that both recordings would prove helpful to the defense at trial. On August 1, 2023 the Jury Trial began. AB testified, a Methuen Police Officer testified, LM’s girlfriend testified, and LM himself testified. Attorney Lewin had two trial preparation sessions with LM and his girlfriend and they were thoroughly prepared to testify at the trial. They did both testify and they did a great job. The trial carried over to August 2, 2023.
Attorney Lewin told the jury in his closing argument to play the video in the jury room as many time as they had to and they would never see LM hit AB. Attorney Lewin also told the jury to listen to the audio recording as many times as they had to and they would never hear AB say you hit me. Within ten minutes of being sent out to the jury room to deliberate the jury asked for a large screen TV to watch the video closely. They were given a very large screen to watch the video. Shortly thereafter the jury returned to the courtroom and found LM NOT guilty.
LM was thrilled and gave Attorney Lewin a big handshake and a pat on the back and said Thank You. The case was thoroughly prepared. Attorney Lewin and LM worked closely together as a team. Attorney Lewin made a thorough and convincing closing argument to the jury.
With 52 years of criminal trial experience Attorney Lewin still brings his A game to the courtroom.