Leominster District Court
Result: Not Guilty
Client is a 36 year old man from Leominster, MA who was charged with one count of Assault and Battery against his former spouse and mother of his two children.
Police responded to the client’s residence after the alleged victim placed a 911 call. When the police arrived at approximately 12:30 am she told them that she had gone to the client’s house with their son to have the client fix a retainer in the son’s mouth and that the client attacked her inside his apartment. Police immediately located the client and placed him under arrest.
Although the parties had been divorced for almost two years, the alleged victim remained jealous about a relationship that the client was in with another woman. Attorney Riddle was able to present at trial multiple text messages the alleged victim had sent to the client in the days before the incident, which showed that she was angry with this particular woman and had threatened to get her and threatened that my client would pay in tears.
The night of the incident the alleged victim repeatedly text messaged the client asking him where he was, what he was doing and whether the other woman was with him. The client ignored her. Then at midnight the alleged victim used a key the client had given to his older child to gain access to his building and then attempted to enter his apartment, but the door was chained. The client heard the door chain rattling while he was in his bedroom with his girlfriend. When the client opened the door he saw his former spouse and son at the door claiming the son had a problem with his retainer. Once the client allowed the son in the apartment the alleged victim bolted for the bedroom door.
The alleged victim began pounding on the bedroom door, slamming her hip into it trying to force it open and demanding the woman come out calling her a “whore”. The girlfriend was on the other side holding the door shut. Eventually the alleged victim was able to compromise the lock on the door and put a foot inside. The client had been repeatedly asking her to leave and once she got a foot in the door he became concerned that she would attack his girlfriend so he grabbed her by the waist and pulled her away from the door. She initially kicked and swung at him, but eventually ran out of energy and collapsed on the floor. The client went over to check on his son and continued to plead with the alleged victim to leave. The client’s only phone, a cell phone, had been inside his bedroom. As soon as the alleged victim left she called police.
Attorney Damian Riddle presented all of this information at trial and created reasonable doubt in the alleged victim’s story through his rigorous and thorough cross-examination of her.
At the conclusion of the jury waived trial the client was found Not Guilty of Assault and Battery.