Sex And Harassment Cases
Defending Against A Restraining Order Violation Charge: October, Waltham District Court
Client charged with a restraining Order violation after evidence of his following his daughter on Twitter under a false name and account. Commonwealth goes to great lengths to obtain electronic evidence connecting client to accounts in question. Attorney Doran points out the creation of the accounts date from before restraining order issued. On date of trial, Commonwealth agrees to a sentence of pretrial probation, meaning no admission to the charged offense. The disposition allows client to retain employment in financial industry and saves daughter the trauma of testifying against her father.
Failure To Register As A Sex Offender Charges Dismissed After Registration Eventually Found By Attorney Doran: July, Middlesex Superior Court
A warrant issued for client’s arrest for failure to register as a sex offender in early August of 2012. Police arrest client shortly thereafter. Client languishes in jail for six months until his mother retains attorney Doran. In process of discovery Commonwealth reveals the Sexual Offender Registration Board has on file a registration form dated August 12, 2012. This information was not revealed to the Grand Jury in the indictment process. Attorney Doran files a Motion to Dismiss based on a failure to present exculpatory evidence to the Grand Jury. After hearing in the Middlesex Superior Court, all charges dismissed.
Lack Of Evidence Leads To Not Guilty Verdict In Restraining Order Case: February, Framingham District Court
Client is accused of violating a restraining order after wife claims he drove by her apartment and parking outside for 15 minutes, all the while staring at the complaining witness. However, complaining witness did not report matter to police for 10 hours. Attorney Doran presents evidence client’s being with his mother at the time of the offense. Client is found not guilty after trial.
Client Acquitted After Allegations Regarding Harassment Of Youths: June, Framingham District Court
Client arrested after neighbor reports he chased down three young men with his car. Reporting party tells police client came within a few feet of striking boys while screaming at them. One of the boys sustained a minor injury to his leg while allegedly trying to flee from client. Client acquitted of all charges after jury trial lasting two days. Attorney Doran points to the inconsistencies of the boys’ stories as well as the fact reporting party observed the events from as much as 150 feet away. Attorney Doran also suggests the police investigation was completely inadequate given the police made no effort to substantiate any of the allegations against client.
Inappropriate Sexual Contact Charges Filed Against H1B Immigrant Dismissed: September, Marlboro District Court
Client, an immigrant working under an H1B visa, arrested after complaining witness claimed he squeezed her breast while she was seated in a massage chair at Brookstone’s. Client was charged with indecent assault and battery, a conviction for which could result in client’s deportation and sexual offender registration. Complaining witness thereafter applied for, and was granted, an anti-harassment order from the Westborough District Court. Attorney Doran secures tape of the Westborough hearing in which the complaining witness’ testimony conflicts with the her affidavit submitted immediately after client’s arrest. Attorney Doran also secures security tape kept at store, which does not depict the event in question. Case called for trial. Attorney Doran constructs a defense that complaining witness was mistaken in her belief her breast was squeezed. On trial date, Commonwealth offers to dismiss Indecent assault charge. Client eventually receives a continuance without a finding on a charge of simple assault and battery with a six-month period of probation with no probationary conditions. Attorney Doran is informed by client’s immigration lawyer this disposition will preserve client’s status in the country. Moreover, no sexual offender registration will result from this disposition.
Client Found Not Guilty In Rape Case: May, Middlesex Superior Court
Client charged with rape after complaining witness enters his home early in the morning and sexual activity ensues almost immediately thereafter. Complaining witness awakens next day on client’s couch and claims no memory of the prior night’s activities due to extreme intoxication. Complaining witness, a lesbian, begins contacting friends and informing them of physical pains in her vaginal area. Client is confronted by friend about the previous night and steadfastly denies sexual activity. Client’s wife and children were proximate at the time of his denial. Complainant thereafter taken to hospital where doctor’s exam concluded sex had taken place with a man. Police then question client who continues denying sex with complaining witness, at one point feigning deafness to avoid police questioning. Client eventually concedes sex with complaining witness and DNA results confirm his sperm was found in complaining witness. Commonwealth prosecutes client pursuing theory complainant’s consent was invalid due to her extreme intoxication. Commonwealth produces three witnesses who testify client was drunk as a result of drinking out of “scorpion bowls” at a local Asian restaurant. Friends seized complainant’s car keys because of her intoxication. Attorney Doran presents evidence of complainant’s previously having been married to a man for three years and evidence of complainant’s romantic interest in the last person, a female, who saw complainant before she entered client’s apartment. Client found not guilty after trial.
Restraining Order Violation Charges Dropped After Witness Bias Exposed: September, Framingham District Court
Client charged with two restraining order violations, one involving indirect communication to the protected party and the other a violation of the no contact provision of the order. Attorney Doran moves the cases be consolidated for trial. Attorney Doran points out inconsistencies of the mother of the protected party, the person through whom it was alleged the client made contact. Attorney Doran emphasizes the bias of the complaining witness, noting the fact the complaining witness had been upset when another boyfriend had discovered her relationship with client. After a one-day jury trial, client is found not guilty of all charges.
Online Harassment Order Violation Dismissed: May, Framingham District Court
Client charged with harassment order violation after he sent an email to former girlfriend. Attorney Doran challenges the forensic accuracy of IP address linking email address to client. All charges dismissed on trial date. Motion to seal client’s record subsequently allowed.
Sexual Harassment Charges Dismissed In Hotel Case: April, Westborough District Court
Client charged with harassment of person of opposite sex after he propositioned employee of hotel at which he was staying. Client allegedly requested a “quickie” and tried to grab employee. Attorney Doran composes Motion to Dismiss based on the insufficiency of evidence presented to the Clerk Magistrate. There was no evidence of any unruly behavior or physical threat. Motion allowed. All charges dismissed. Attorney Doran then successfully petitioned the court to have client’s record sealed.
Sexual Battery Charges Reduced: March, Quincy District Court
Client arrested for sexual battery after allegedly grabbing crotch of complaining witness. Case eventually marked for trial. Attorney Doran prepares motion to exclude “first complaint” testimony. Client accepts offer of reduced charge of simple assault, meaning no sex offender registration.
Despite Probation Violation, Sex Offender Registration Not Required: March, Plymouth District Court
Client on probation for a computer-related crime for which client received a continuance without a finding in 2007. Client arrested in Marlboro after he admitted to slashing radiator hose of ex-girlfriend’s car. At violation of probation hearing probation officer requested a revocation of his probation plus one year in the house of correction. Attorney Doran presents evidence of client’s compliance with all other terms of probation. Court finds a violation of probation and continues probation to original date, with no guilty finding entered. Client need not register as sex offender, even in light of his violation of probation.
Sexual Assault Charges Dismissed On Trial Date: January, Fitchburg District Court
Client charged with sexual assault on his wife along with two distinct allegations of domestic battery. Attorney Doran files motion to exclude wife’s prior statement to police. All charges dismissed on trial date.
Failure To Register As A Sex Offender Case Dismissed: October, Marlboro District Court
Client charged with failure to register as a sex offender as a result of letter to police from his ex-girlfriend. Attorney Doran presents evidence client registered as a homeless person at his place of work. All charges dismissed after hearing. October – Natick District Court- Client charged with operating to endanger after car accident in which her mother was severely injured. Attorney Doran presents motion to remand to a clerk’s hearing. Motion allowed. Case dismissed at clerk’s hearing.