Concord District Court
Client is a 50 year old man from Lunenburg, MA who was arrested by the Maynard Police Department and charged with Breaking and Entering with Intent to Commit a Felony and Indecent Assault and Battery. These were serious charges in which the client faced substantial jail time if convicted after trial.
The client had a ten year old child with the alleged victim and the parties had known each other for approximately fifteen years. The alleged victim claimed that the client entered her apartment without her knowledge or consent while she was getting out of the shower. She further alleged that the client then entered the bathroom where she was only covered by a towel and proceeded to grope her and put his hands all over her breasts and genital area. She claimed that in effort to get the client to stop she asked him to take her dog out for a walk. She further alleged that when the client returned minutes later he continued the sexual assault by struggling with her for three to four minutes, taking his pants off and trying to force his penis in her mouth. She claimed she was finally able to call the police and the client hung up the phone and then fled the apartment.
The client vehemently denied the allegations from the very beginning of the case. The client had actually lived with the woman in her apartment several years prior for a couple of years. The client maintained that he had been over the woman’s apartment 3-4 times per week in the months leading up to the incident. That he would pick up his daughter for visitation and extra-curricular activities at the house and bring her home from school. He would generally call before he went over and then would just knock and enter her apartment. Attorney Damian Riddle argued that the two parties had spoken on the phone twice that morning and that the woman knew the Defendant was coming over.
Attorney Damian Riddle was able to prove through telephone records he obtained in advance of trial that the client had called and talked to the woman on the phone at 5:47 am for six minutes and that the woman had called and spoke with the client again at 8:49 am for 10 minutes. The woman at first tried to deny she spoke with the client and then tried to deny she knew the Defendant was coming over that morning.
Attorney Riddle further argued that the client’s sole reason for going over to the woman’s apartment was to discuss problems she was having with their daughter and the fact that the day before two complaints of abuse/neglect had been filed against the woman relative to the parties child. The woman acknowledged the complaints had been made against her, but denied the client had actually discussed these issues with her that day.
Attorney Riddle presented no evidence, but he thoroughly cross-examined the woman as well as a Maynard police officer. After Attorney Riddle’s cross-examination of the alleged victim it was clear that she was lying about the incident and that she fabricated it to take the focus of the Department of Children and Families investigation off of her and draw negative attention to the Defendant. The parties had been in numerous custody battles in the past and the woman was afraid of losing custody of their daughter to the client.
The jury quickly returned verdicts of Not Guilty on both counts as well as two lesser included charges, which the Court allowed the jury to consider.
Result: Not Guilty