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Charges of Domestic Assault and Battery Dismissed After Successful Opposition to Excited Utterance Motion
In April of this year police responded to a call for a domestic disturbance. The defendant and her husband lived in a large apartment building. When the police arrived the located the victim in an elevator holding on to his groin area. When asked what happened he answered that his wife “kicked him in the balls”. The wife are located and questioned. She was arrested based on the husband’s statement and charged with domestic assault and battery in violation of G.L. c. 265 section 13M. The district attorney learned quickly that the husband intended to exercise his marital privilege. Accordingly, the prosecutor filed a motion to admit the statement of the victim under the excited utterance exception to the hearsay rule. Today, a judge denied that motion. After that decision the case was dismissed.
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