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May 4th 2010
Lowell Juvenile Court
False Bomb Threat Chapter 269 Section 14
Disturbing a School Assembly Chapter 272 Section 40
According to the police report, client/student was in the female bathroom when another girl asked for her lipstick. Once in her hand the other girl proceeded to write out a specific bomb threat on the wall of the bathroom. As a result of the written threat, the school authorities were notified and took precautionary measures which resulted in a major disruption to the school. The measures that had to be taken included a full evacuation and securing of the building. Local Police and Fire Rescue where called as a result of the threat. Under the joint venture theory of criminal prosecution the Commonwealth could attempt to convict client just on her limited role in the bathroom. However, more problematic would have been her alleged statements to other students that she was the one who wrote the statement as well. Also, the girl in the bathroom blamed our client as well. Nonetheless, the school proceeded with long term suspension and the police summonsed her to a clerk magistrate's hearing. Working with all involved Attorney Barabino represented the juvenile at the Clerk Magistrate's hearing. Several conditions and obligations were placed in the client and in return the clerk will not formally file the complaint in court. Client never appears before a judge. This case will therefore never appear on her criminal record.
RESULT: Application for Complaint Never Filed in COURT, Case to be DISMISSED
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