Charges of Domestic Assault and Battery Kidnapping Strangulation and Intimidation of a Witness Against Airlines Executive Dismissed

The defendant is a high ranking airline executive who lives in another part of the country. In September of 2001 he was in Massachusetts on a business trip. He met up with a woman with whom he had gone on dates in the past. The two had a pleasant evening together. The next day the man flew home. Meanwhile, just after he left Massachusetts the woman reported that he had kidnapped her, strangled her, beat her and threw her cell phone away so that she could not call for help. The police who followed up found her badly beaten and bruised. As a result, they charged our client with domestic assault and battery G.L. c. 265 section 13M, intimidation of a witness G.L. c. 268 section 13B, kidnapping G.L. c. 265 section 26 and strangulation G.L. c. 265 section 15D. The woman did not appear today at trial to testify against our client. However, the district attorney attempted to prosecute this case using an excited utterance as an exception to the hearsay rule. The judge allowed our motion to exclude the 911 recording/excited utterance. Consequently, all charges were dismissed.

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