Legal Question in Criminal Law in Massachusetts
Defense for weak case
My father was arrested in May of 2002 for indecent assault and battery under 14 and possession of child pornography. As the case began, our computer was taken where the alleged possession was (movie of minor). The state police interviewed the child who was allegedly assaulted and she stated, quite adamently, that the crime occured while my father was showing her this specific movie. The state police found no such movie on the computer. The had to drop that charge. My question is, if the child was so sure that the assault happened during the showing of this movie and at no other time, shouldn't the a/b charge be dropped to? I am looking for lawyer who would understand the case and be able to help out. I appreciate any help that is given.
2 Answers from Attorneys
Re: Defense for weak case
Unfortunately while your logic makes sense that is not the case. Without the video on his computer, the prosecution cannot prove the pornography existed hence the dismissal of that charge.
But on the A & B charge, so long as the girl continues to say that your father assaulted her the prosecution will view this as the evidence they need to prosecute. It would certainly seem like an issue that should be questioned on cross examination of the witness to prove the alleged victim may be mistaken. That would be part of the overall strategy developed by your father's attorney as the attorney prepares for trial.
Re: Defense for weak case
Prosecutors are like super glue, once they latch onto a case, they do not let go. Certainly, the dismissal of once count or charge is some evidence as to the child's credibility, but there are other ways to view the charge. So you need to see the charge from the prosecution's side to understand how to plan a defense.
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