A jury acquitted a Brighton man of domestic assault and battery following a two day trial. The charges stemmed from an incident that occurred at the couples home on the evening of January 7, 2008. The police responded to the residence as the result of a 911 call to the police from the woman. After interviewing the parties, the defendant was arrested at the scene and charged with assault and battery.
The defendant maintained his innocence and the case went to trial in the Brighton District Court. The woman testified to a violent beating during which she claimed the defendant punched her, kicked her and pinned her against the wall. During cross examination, Attorney McCarthy exposed the fact that none of these details were relayed to the police on the night of the alleged beating. In fact, when the police responded the woman told them that the pair engaged in a shoving match over a dispute involving the discipline of their two year old son. The Commonwealth also introduced undated photographs of what they maintained were bruises on the woman's body as a result of the beating. Attorney McCarthy effectively diminished the effect of the photographs by pointing out that the woman's face was not in the pictures and the person that allegedly took the photographs failed to testify at the trial.
The defendant claimed that he was acting in self defense and in defense of his young child that evening. The defendant testified to the fact that the woman started an argument with him over the fact that he had lunch with another woman approximately three weeks earlier. He stated that the woman became enraged and struck the toddler prompting him to pick up the child and leave the room. The woman followed him from room to room while attempting to pull the child from his arms a number of times. When the defendant threatened to leave the apartment she called the police. Approximately one month after the incident the defendant initiated probate proceedings to get custody of his child. Following a two day trial the jury returned a not guilty verdict.
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Brighton Massachusetts Man Acquitted of Domestic Assault and Battery