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August 15th 2008
Lynn Juvenile Court INDICTMENT
Assault with Intent to Murder Chapter 265 Section 13
Discharging of a firearm within 500 feet/Building Chapter 269 Section 12E
Possession of a firearm without a valid License Chapter 269 Section 10
According to the police report, Client was accused of possessing a sawed-off rifle and firing one .22 bullet into the shoulder of a rival gang-member-which caused a wound that penetrated his front shoulder and exited the back of his arm. Initially, the client was charged as a juvenile but soon after the district attorney indicted the young man as an adult. After indictment he was charged with 1) Armed assault with intent to Murder 2) Carrying a firearm without a license and 3) Discharging a Firearm within 500 Feet of a Building. Soon after, Attorney Barabino sought to have a competency examination to determine if he can stand trial. Attorney Barabino hired an expert as did the District Attorney. After the hearing the judge determined that Attorney Barabino claim that his client was not competent to stand trial is accurate. However, the client remained on $50,000 bail. After several hearings Attorney Barabino sought to challenge the constitutionality of the confession and a hearing was held. After the hearing the judge agreed with Attorney Barabino and the district attorney was forbidden from using the suppressed or "non-constitutional confession". With little evidence remaining for the District Attorney to prosecute a second hearing was held to forbid the Commonwealth from using the accuser's recorded testimony and the judge agreed with Attorney Barabino. After significant legal and constitutional challenge the Commonwealth was forced to dismiss their case and the client was released with no charges.
RESULT: Motion to DISMISS, ALLOWED, Case DISMISSED
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