April 17th 2019
Assault and Battery on a Family Member
A wonderfully supportive mother of a young college student asked her son to clean his room. Son felt that mother’s requests was unreasonable and began videotaping mother with his phone as he laid in bed. Mother got agitated and tried to grab the phone from son. Son called police and police arrested mother. Police charged MOTHER with assault and battery. They arrested mother despite the son admitting that he bit his mother. The Essex County district attorney sought cashbelieving that the community member who had lived and worked in the area for thirty years and had no criminal record would flee the jurisdiction. Attorney Barabino asked for a received personal recognizance with some conditions pending trial. A trial was sought as the district attorney refused to dismiss the charges. Ironically, it was the mother who woke up son and drove him to court for her trial. At trial, Attorney Barabino sought the young man be appointed a lawyer for a 5thamendment, despite the district attorney believing that one did not exist. The judge allowed attorney Barabino’s request and the victim asserted his 5thamendment right to self-incrimination. The judge dismissed the case. Case DISMISSED.
RESULT: CHARGE DISMISSED AT TRIAL via 5thAMENDMENT Assertion.
