June 25, 2017

Leominster man accused of incest and rape – charges dropped

Worcester Superior Court

Client is a 53 year old Leominster, MA man. The client was charged with 1 count of incest, 1 count of rape, 1 count of statutory rape, 3 counts of indecent assault and battery on a child under 14 and 3 counts of indecent assault and battery on a child over 14. The client was indicted in Worcester Superior Court. The alleged victim was the biological daughter of the client. The client gained custody of his daughter when she was 11 years old from her mother who lost custody of the child due to neglect. The child had multiple emotional and behavioral problems when the client gained custody of her. During client’s custody the alleged victim had a history of behavioral problems both at school and at home. Client had a very difficult time controlling the child and getting her to follow the most basic rules at home.

Eventually when the alleged victim turned 17 she claimed one day that her father had been sexually abusing her for the past 4 years, since she was 14 years old. Coincidentally the alleged victim made this allegation in the midst of an outburst she was having because her father and her grandparents refused to drive her to her boyfriend’s house. The alleged victim had been in an argument with her boyfriend on-line and he had logged off and she could no longer speak with him and she was desperate to see him.

The abuse allegedly took place under the same roof as an aunt, a stepmother, a cousin, and two grandparents. All of the relatives supported client’s position that the abuse never occurred and the alleged victim was a very troubled young woman who fabricated the allegations in order to get to her boyfriend’s house.

The case went on for almost 3 years. The week before trial the alleged victim took off to Kentucky and refused to come back to testify or cooperate with the District Attorney’s Office. Ultimately the Commonwealth filed a Nolle Prosequi in the case, which is the Commonwealth’s request for a Dismissal. At that point Attorney Riddle filed a motion to seal his client’s record. After a two stage hearing the motion was allowed and the client’s record was sealed.

Leominster Defense Attorneys serve the Central Massachusetts region including the areas of Lunenburg, Leominster, Fitchburg, Worcester, Gardner, Clinton, Bolton, Lancaster, Berlin, Acton, Concord, Greenfield, West Boylston, Marlborough, Northborough, Westborough, Groton, Shirley, Pepperell, Townsend, Ashby, Winchendon, Ashburnham, Templeton, Princeton, Ayer, Harvard, Worcester County, Middlesex County, Franklin County and surrounding communities in Massachusetts.

RIDDLE & ASSOCIATES, ATTORNEYS AT LAW
Leominster Criminal Defense Attorneys
344 Summer Street
Fitchburg, Massachusetts