» Suffocation

58A DANGEROUS HEARING NOT HELD IN CUSTODY, Client released Pending Trial, ALL CHARGES DISMISSED

November 20, 2018
Assault and Battery with a Dangerous Weapon
Assault and Battery on Child with Serious Injury
Intimidation of a Witness Chapter
Assault and Battery
Strangulation or Suffocation
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, including by strangulation. Moreover, the police alleged he 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 that he abused one of the four children. That charge was incorporated with the first charge in a motion to join the charges. As the case proceeded through the court system Attorney Barabino and client reviewed the reports, 911 calls and began preparation for what will be a jury trial. On the day of trial, the ex-wife asserted her marital privilege which would allow her to refuse to testify—leaving the Commonwealth with no case to prosecute. Despite this assertion of marital 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’s request for a dismissal on the charges was ALLOWED.
Result: 58A DANGEROUS HEARING NOT HELD IN CUSTODY, Client released Pending Trial, ALL CHARGES DISMISSED.

Strangulation, DISMISSED AT TRIAL

November 16, 2017
Assault and Battery
Strangulation or Suffocation
Client was a young man just out of high school when he was charged with grabbing his brother and putting him into a headlock. Police responded to the home, charged him with a felony, and the Commonwealth successfully imprisoned him until the day of his trial with no bail allowed. Attorney Barabino was successful in securing his release until the day of trial, despite the District Attorney arguing for a § 58A dangerousness hearing detention hold. After his release from custodial detention, the defense made normal preparations for trial. On the day of trial, Attorney Barabino and his client announced “Ready for Trial”, but with minutes to go before empanelment of the jury, the District Attorney announced that the complainant was refusing to cooperate and could not go forward. Attorney Barabino requested dismissal of the charges.
Result: CLIENT RELEASED PENDING TRIAL, CASE DISMISSED DAY OF TRIAL.

Threat to Murder, NOT GUILTY

April 14, 2017
Assault Chapter
Threats to Commit Murder
Assault and Battery
Strangulation or Suffocation
Client had been previously convicted of seriously abusing his girlfriend many decades ago. Now, once again, she accused him of the same crime. Client denied those new accusations, but also realized that, based on his past conduct and the credible nature of the evidence, a plea was preferable since it would mitigate the otherwise harsh sentence that the judge had proposed. However, ultimately, the case went to trial. Client was convicted of all counts except threats to commit murder, for which he was found not guilty.
Result: Threat to Murder, NOT GUILTY.

Strangulation, RELEASED AT 58A, DISMISSED AT TRIAL

March 8, 2017
Assault and Battery
Assault with Dangerous Weapon
Strangulation or Suffocation
Client was living with his mother and had a history of various criminal offenses. At one point client's stepfather called police and filed a restraining order against him. When police interviewed the mother, she reported that the defendant had tried to strangle her two weeks prior. A dangerousness hearing was held since the District Attorney believed the defendant was too dangerous to be considered for bail. Attorney Barabino argued for release and was successful. The case moved to trial. At trial, the lack of available witnesses for the prosecution resulted in Attorney Barabino requesting and receiving a dismissal.
Result: RELEASED at Dangerousness Hearing 58A and ALL CHARGES DISMISSED AT TRIAL.