Charges of Domestic Assault and Battery Against Computer Programmer Dismissed

The pandemic has brought several changes to the legal system, particularly as to case management. Some counties now require what are known as trial readiness conferences. One of the purposes of these proceedings is to determine whether the prosecution will actually be able to prosecute a case or if it will be dismissed due to a legal inability to prosecute. Domestic assault and battery cases are ripe for these proceedings. If the complaining witness is uncooperative and the district attorney cannot proceed without him/her then the case will be dismissed at this proceeding. Today, we attended a trial readiness conference for one of your clients charged under G.L. c. 265 section 13M, domestic assault and battery. The complaining witness had previously voiced her intention not to assist with this prosecution. The prosecutor tried to get past the obstacle by requesting the judge to permit a witness to testify to what he heard the woman scream at the time of the crime. This is what is known as the excited utterance exception to the hearsay rule. The judge denied this motion and the case was dismissed given the prosecutor’s inability to proceed without the statement.

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