» Insufficient Evidence

June 12, 2014
Assault and Battery with a Dangerous Weapon
A married insurance professional was suffering some emotional struggles and called police to admit to a criminal act. Upon admitting the act over a recorded telephone call, police went to the home. Upon arrival, police realized that the client was intoxicated and emotionally distraught. The case could not be proven without the wife's testimony and with an expectation that she would not be forced to testify, Attorney Barabino placed the matter on for trial. At trial, the seasoned District Attorney, well versed in the rules of evidence, knew there was simply insufficient evidence to prosecute the case without the wife's testimony, as she asserted her marital privilege. Attorney Barabino requested that the matter be dismissed, which the court allowed. Case dismissed.
Result: Assault and Battery w/Dangerous Weapon, DISMISSED.