RECENT CRIMINAL CASES/RESULTS
( A representation and summary of recent criminal and delinquency matters handled by the attorneys at the Roncone Law Offices, P.C.)
UNLICENSED OPERATION OF A MOTOR VEHICLE (JUVENILE)
A seventeen year old man was stopped in Templeton, Massachusetts for speeding and other civil citations. A check of his license revealed it had expired. The juvenile was charged in Juvenile Court with unlicensed operation of a motor vehicle. Our investigation into the juvenile's license history with the registry contained several discrepancies. In fact, the juvenile's license was shown to be active. He was however, operating on a learner's permit at a time not authorized under the terms of the license.
VERDICT:
DISMISSED. The client paid fines on the civil citations. The criminal charge was DISMISSED after negotiations with the District Attorney and the presentation of mitigating documentation.
ASSAULT & BATTERY (DOMESTIC)
A twenty nine year old man was accused of assaulting his girlfriend and injuring her in Leominster, Massachusetts. The officer investigating the incident observed fresh blood on the victim's face. The victim told the police the defendant had grabbed her and threw her to the ground. The Defendant was significantly larger than the alleged victim. The Defendant declined to make any statements.
VERDICT:
DISMISSAL.
OPERATING UNDER THE INFLUENCE OF LIQUOR (OUI/DWI)
A thirty one year old man was stopped on the highway in Fitchburg, Massachusetts after a long pursuit. The stop occurred at 3:00 a.m. and the defendant was alone in the car. The officer alleged the Defendant was speeding in excess of 80 mph and changed lanes without signaling. In her report, the investigating officer alleged she detected a strong odor of alcohol coming from the defendant and observed his eyes to be blood shot and his speech slurred.
The defendant agreed to perform certain field sobriety tests including the one legged stand, nine step walk and turn test and a counting test (43 to 28 backwards). The officer believed the Defendant failed each test. The defendant refused the breathalyzer. As such, his license was suspended immediately for the statutory period.
VERDICT:
NOT GUILTY (after trial). The Defendant's license was reinstated after trial upon motion.
OPERATING UNDER THE INFLUENCE OF LIQUOR (OUI/DWI)
A forty one year old married woman was stopped on the highway in Bolton, Massachusetts at 1:15 a.m. The officer alleged that he had received a report of a motor vehicle strike a guardrail and operate erratically (matching the Defendant's vehicle description.) The caller gave the officer the vehicle description and license plate number (which matched the Defendant's information). Before pulling the vehicle over, the officer alleged that he observed the Defendant cross the double yellow line and fog line several times.
After the vehicle was stopped, the officer approached the defendant driver and immediately noticed a strong odor of alcohol emitting from the vehicle. He also alleged she had red, glassy and bloodshot eyes. Defendant denied consuming any alcohol that evening.
Defendant agreed to perform certain field sobriety tests including the Horizontal Gaze Nystagmus Test, Nine Step Walk and Turn Test, and the One Legged Stand. The officer opined that she failed each of these tests. At the scene, the Defendant was administered a Preliminary Breath test (PBT) with results of .097% BAC. The defendant was then arrested and brought to the station. Over one hour later, she elected to take a breathalyzer test. The results of the tests were .08% BAC.
VERDICT:
NOT GUILTY (after trial).
OPERATING UNDER THE INFLUENCE OF LIQUOR (MOTOR VEHICLE ACCIDENT)
A sixty one year old man had been charged with Operating Under the Influence of Alcohol. At about 12:00 a.m., the police responded to a single car accident in Winchendon, Massachusetts. Upon arrival, the police officer observed the defendant outside his car which was registered to him. The defendant had been injured and was bleeding from his nose. The car struck a tree and was totaled. There were no witnesses to the accident. The officers alleged that the Defendant could not stand or respond to questioning.
Despite the Defendant's apparent injuries, the officers attempted to conduct various field sobriety tests. The Defendant was unable to perform the tests. Defendant refused the breathalyzer test and as a result his license was suspended for the statutory time period.
At trial, the defense introduced evidence of the Defendant's injuries as the reason for his failure on the field sobriety tests and the lack of evidence of operation.
VERDICT:
NOT GUILTY (after trial). The Defendant's license was then reinstated after a motion was allowed requesting reinstatement.
RAPE, INDECENT ASSAULT AND BATTERY
A young woman alleged that a forty eight year old restaurant owner had raped and sexually assaulted her in the back room of his restaurant after hours. The woman reported the incident immediately to the police. She described in detail the back room and the sequence of events which took place in the restaurant leading up to the alleged rape. She alleged the defendant forced her to perform certain sexual acts which she did not consent to participate in. The Defendant, whose first language was not English, was interviewed the next morning. He denied knowing the alleged victim. The officers were given permission to search the establishment. They made observations of the back room as described by the alleged victim. The victim was examined by hospital personnel that evening. DNA evidence was gathered. The defendant submitted a DNA sample. Results of the DNA tests were positive for the presence of the Defendant's DNA on the victim's body.
The Defendant was charged with one count of Rape and two counts of Indecent Assault and Battery.
VERDICT:
NO PROBABLE CAUSE FOUND (after hearing). The defense was able to obtain, through numerous recorded and in person interviews of the victim, many inconsistent statements by the victim. The victim also changed her story throughout and on the stand she denied making statements which were memorialized on tape. After counsel played sections of the interviews, the Court found that the victim lacked credibility and declined to find probable cause.
ASSAULT AND BATTERY (JUVENILE)
A twelve year old boy was charged with assault and battery when he allegedly got into a fight with one of his friends. The incident occurred at the defendant's home. The victim and Defendant were apparently wrestling in the basement. The victim only complained to his parents later that evening as to what occurred. His parents contacted the police and the Defendant was charged.
VERDICT:
DISMISSED. The Defense argued the incident was nothing more than horseplay, that the victim was much larger than the Defendant and that the victim stayed and continued to play with the Defendant after the alleged fight. The incident was never an issue until after the victim went home and embellished what happened to his parents.
