November 22nd 2011
Mayhem Chapter 265 Section 14
Assault and Battery Chapter 265 Section 15
According to police, client walked over to accuser and pulled his earring out of his ear, resulting in the accuser’s ear being torn. The issue of the actual tearing of the ear was not in dispute, since the person was taken in an ambulance and his injuries were photographed. The grotesque pictures showed the person's ear dangling in two pieces. However, the means, motive, and intent of the client were not clear or stated. In fact, upon an immediate review of client's body, it appeared that he was clearly struck, multiple times---consistent with a person defending himself, as client has consistently stated. Since Mayhem is a Superior Court charge and a grand jury had to be convened to review that particular charge, Attorney Barabino immediately forwarded the photographs to the District Attorney so they could present that evidence. Otherwise, the one-sided (and secret) grand jury proceedings would be considered without his position ever being recounted. In the end, the District Attorney elected to withdraw the mayhem charge in its entirety. Attorney Barabino scheduled the remaining charge for a jury trial, and without the necessary witness from the Commonwealth, the charge could not be prosecuted and the final charge was dismissed. No jail, no conviction, no probation, nor admission to any crime.
RESULT: Mayhem Charge WITHDRAWN from Prosecution Entirely, Missing Witness At Trial Results in Assault and Battery Charge, DISMISSED.