Charges of Witness Intimidation Against Sales Executive do Not Issue After Clerk Magistrate Hearing 

Our client is a top ranking sales executive for a large manufacturing company based in the Midwest. In August of this year she appeared in a Massachusetts court to support her son who was accused of certain crimes against his domestic partner, specifically violating a 209A restraining order and domestic assault and battery under G.L. c. 265 §13M. Our client sat through some grueling testimony about her son, all of which she had proof was untrue. After the hearing, our client blocked the door to the courtroom, confronted the alleged victim and swore at her. Court personnel witnessed the incident. Our client was escorted out of the courthouse and summonsed to court for a clerk magistrate hearing seeking charges for intimidation of a witness, a felony under G.L. c. 268 §13B. Attorney Neyman represented the woman. He succeeded in convincing the clerk magistrate not to issue the criminal complaint. 

How a Clerk Magistrate Hearing Can Prevent a Felony Complaint

• The crime of witness intimidation in Massachusetts is a felony. In this case the clerk’s office believed that before issuing a felony criminal complaint this defendant should have an opportunity to defend or mitigate the serious charges against her

• Massachusetts does not entitle anyone to a clerk magistrate for a felony however, in some cases, such as this case, the case is screened and a clerk magistrate hearing is scheduled

• To convict someone for witness intimidation in Massachusetts the district attorney must prove three elements beyond a reasonable doubt. Specific to this case:
  • 1) that the defendant wilfully threatened
  • 2) a witness or potential witness
  • 3) with the intent to impede or obstruct justice

• In this case the last element was not satisfied. The evidence failed to show that our client had the intent to impede or obstruct justice. The hearing had concluded. The victim had offered her testimony, unimpeded by our client. The clerk magistrate correctly and fairly decided against issuing the criminal complaint.

• Clerk magistrates have great discretion in how they handle hearings. Attorney Stephen Neyman has handled hundreds of clerk magistrate hearings in courts throughout Massachusetts. Experienced lawyers combined with a compassionate, fair clerk’s office often leads to favorable outcomes. 

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