Salem District Court
Assault and Battery with a Dangerous Weapon, Chapter 265, Section 15A
Assault and Battery on Child with Serious Injury Chapter 265 Section 13A
Intimidation of a Witness Chapter 268 Section 13b
Assault and Battery Chapter 265 Section 15B(b)
Strangulation or Suffocation Chapter 265 Section 15D(b)
Client was a pleasant young father with no prior record and steady job. His relationship with his wife was tumultuous but he stayed committed for the four children they shared. According to police, he got upset one afternoon and beat her to include to include, strangulation. Moreover, the police alleged her interfered with her ability to call police. Attorney Barabino challenged the 58A dangerous order which would keep him incarcerated until trial. Attorney Barabino was successful in gaining his pre-trial freedom at the 58A hearing. Soon after the district attorney filed additional charges alleging, he abused one of the four children. That charge was incorporated the first charge in a motion to join the charges. As the case proceeded through the court system Attorney Barabino and client reviewed and reports, 911 calls and began preparation for what we will be jury trial. At the day of trial, the ex-wife asserted her marital privilege which would allow her to waive her testimony—leaving the Commonwealth with no case to prosecute. Despite this assertion of martial privilege, it doesn’t apply to child abuse cases, which this one had as well. However, after much deliberation, the District Attorney decided they had no admissible evidence to introduce and Attorney Barabino request for a dismissal on the charges was ALLOWED.
RESULT: 58A DANGEROUS HEARING NOT HELD IN CUSTODY, Client released Pending Trial, ALL CHARGES DISMISSED.