Charged with one count of indecent assault and battery

Fitchburg District Court

Client a 39 year old Leominster, MA man was charged with one count of indecent assault and battery on a child under 14, and one count of indecent assault and battery on a child over 14.  After becoming engaged to his fiancé, client moved in with her and her two daughters ages 7 and 13 years old.  After moving in together the two children were home alone during summer vacation.  Client would check on the two children during his lunch break each day.  It was alleged by the 13 year old that client would hug her good bye at the end of each of his lunch time visits and that he would place his hand on her bum.  The girl alleged that this went on for a couple of months until after her fourteenth birthday.  One day she alleged that while the client had his hand on her bum he also began to rub her thigh and this caused her to the report the touching to her mother.

After daughter reported the touching to mother all parties sat down and discussed it.  Daughter maintained it was inappropriate touching, while client maintained it was a misunderstanding.  The mother sided with client and client remained residing in the home for another four months.  One day client had a conversation with the then 14 year old daughter about how when he has intercourse with her mother, the mother gets very gassy and this causes him to finish quickly after that.  Daughter reported this conversation to mother and mother immediately called the police and had client removed from the home.  Client was charged shortly thereafter.

Attorney Riddle tried the case to a jury over two days.  The defense presented evidence that the girl either mistook some accidental touching by the client or outright fabricated the touching due to some emotional problems and ongoing arguments she had with the client.  Attorney Riddle argued that the only reason mother called the police after four months was because she was so embarrassed client had revealed this issue to her daughter.  Both charges carried sex offender registration and GPS monitoring consequences if convicted.  The jury returned verdicts of Not Guilty on both counts after only 40 minutes of deliberations.

Fitchburg, MA assault and battery defense lawyers 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
Fitchburgl MA Assault & Battery Defense Attorney
603 Massachusetts Avenue, Suite 2
Lunenburg, Massachusetts

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Categories: Cases and Verdicts.