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November 12th 2008 Peabody District Court Assault and Battery with a Dangerous Weapon Chapter 265 Section 15A Client was accused of throwing an IPOD device at his wife causing bruising to her arm and a welt on her face. After wife was transported to the hospital via ambulance the police became involved and arrested husband for two counts of Assault and Battery with a Dangerous Weapon. Attorney Barabino sought an evidence motion called a marriage waiver which would exclude any testimony of the alleged victim. As a result the judge dismissed the case since no case could be proven without her testimony. RESULT: Case DISMISSED
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