Massachusetts Criminal Lawyer Blog
Introduction to this case summary and a personal note from Attorney Robert Lewin: Attorney Robert Lewin became a lawyer in 1971. Forty years earlier in 1931 Attorney Robert Lewin’s father, Henry Lewin, became a lawyer. Henry Lewin practiced law until his death in 1987. One of the many lessons that father imparted to son was that a case well prepared was ninety percent won. Attorney Robert Lewin has made it his mission to ALWAYS be prepared when he walks into the courtroom. In addition, Attorney Robert Lewin always makes sure that the client is fully prepared for what lies ahead with their case. The case of DL which follows is an example of a case being won before trial by thorough preparation and by a lawyer and a client working closely together to get a desired result.
DL, a 37 year old male acupuncturist from Methuen, was in a relationship with a 41 year old male accountant from Waltham. The relationship turned stormy and a torrent of emails and texts were exchanged between the two men. The accountant, who had a flair for embellishment, went to Waltham District Court and applied for an Abuse Prevention Order against DL. The Judge in Waltham, based on the affidavit written by the accountant, granted the accountant an ex parte order. An ex parte order is an order that is granted without any notice being given to the other side. The order was faxed to the Methuen Police. The police then served the order on DL. Later in the day that the order was served on DL, DL went to the Methuen Police Department to show them messages that had been sent by the accountant to DL. DL left the police station with his phone in his pocket. Several hours later the Methuen Police went to DL’s home and arrested him for three counts of violating the Abuse Prevention Order.
According to the police report from the Waltham Police shortly after DL was served with the Abuse Prevention Order a call was sent from DL’s iPhone to his ex-boyfriend’s phone. Also according to the police report there was a text allegedly sent by DL to the ex-boyfriend from a phone number that the ex-boyfriend claimed that DL used. Lastly according to the police report there was a telephone call allegedly from from DL’s phone to the ex-boyfriend’s phone.
DL was arrested and brought to Waltham District Court where he was held for several hours and then released on bail. DL the met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin told DL to get all the records he could obtain of his phone and text use. Attorney Lewin obtained the Waltham Police Department reports and the records the Waltham Police had obtained from the ex-boyfriend and went over them carefully. The following became apparent:
(1) With reference to the call sent from DL’s phone shortly after DL left he police station the Defense was able to establish that while DL had been in the police station he had shown the Methuen Police text messages sent and phone calls made to DL by the ex-boyfriend. When DL left the police station that last phone screen was still alive on his phone. DL put the phone into his pocket and a “butt-call” was sent out from DL’s phone. When DL heard the call going out he grabbed the phone and ended the “butt-call”. He then deleted the ex-boyfriend from from his contact list. A review of the phone records did show the call and it showed the call lasting 3 seconds (consistent with DL turning the call off as soon as possible) and the time of the call was consistent with the evidence in the police report showing when DL had left the station. In order to prove a violation of an abuse prevention order the state must prove that the violation was intentional and not an accident. The evidence clearly showed that this “butt-call” was accidental.
(2) With reference to the text allegedly sent from a number not associated with DL the Defense was able to show that that number was in no way associated with DL. There was absolutely no evidence or proof connecting DL with that number.
(3) With reference to the last phone call allegedly made by DL to the ex-boyfriend the Defense was able to show that DL was in a face-time conversation with a female friend that lasted 1 hour and 3 minutes. The time of the last phone call allegedly made by DL to the ex-boyfriend was during the face-time conversation and could not have been made by DL.
It became apparent that the ex-boyfriend had lied to the police about contacts 2 and 3. In fact it became apparent that the ex-boyfriend had made contacts 2 and 3. Attorney Lewin, working closely with DL, reduced all his findings into a written letter to the District Attorney and attached to the letter copies of all the relevant phone records. Attorney Lewin made an appointment and met with the Assistant District Attorney handling the case. Attorney Lewin went over all the records with the Assistant District Attorney and suggested to the Assistant DA that the ex-boyfriend was trying to set DL up.
The Assistant DA thanked Attorney Lewin. One week later the Assistant DA called Attorney Lewin and told Attorney Lewin that the Commonwealth was not going to prosecute the case. It was apparent to the Assistant DA that the ex-boyfriend had not been candid or truthful about the alleged second and third contacts. The Assistant DA told Attorney Lewin to bring DL into court any day before the scheduled trial date and the Commonwealth would dismiss the case. On August 16, 2017 (6 days before the scheduled trial date) DL and Attorney Lewin went before the Judge in Waltham District Court and the three counts of Violation of an Abuse Prevention Order were all dismissed.
This excellent resolution was principally the result of two factors: (1) full case preparation and (2) great cooperation between lawyer and client. At Lewin and Lewin we pride ourselves on fully preparing our cases and we work very closely with our clients.