Massachusetts Criminal Lawyer Blog
On January 11, 2024, SR, a 68 year old retired salesman, went to s store in a strip mall in Tyngsboro. He did some shopping and then walked to his car. He got in his car and left the mall and drove to his destination in New Hampshire. He never hit anything nor anyone. Later he received a phone call from the Tyngsboro police. They asked if he had been at the mall and he said yes. They asked if he had collided with another vehicle and he said absolutely not. The police told him that they had a witness who saw him strike the vehicle, pause, and then drive away without stopping. Moreover, the police said that the witness had taken a picture of SR’s car and his license plate. In addition the initial police report recited that the police had a video from the mall security cameras that recited that “a vehicle matching the description of SR’s vehicle” backed out of a parking space, struck another vehicle, pause, and then take off”. The police felt they had an open and shut case. The police issued SR a citation for leaving the scene of a property damage accident. SR requested a Clerk-Magistrate hearing. SR went to the hearing without a lawyer and the Clerk-Magistrate issued a criminal complaint against SR for Leaving the Scene. SR was shocked as he knew that he had not struck another vehicle.
SR consulted with and hired Attorney Robert D. Lewin from Andover. On June 18, 2024, SR and Attorney Lewin appeared in Lowell District Court for SR’s arraignment. Attorney Lewin had prepared and filed a Motion for Discovery that sought production of the video and photographic evidence. At the arraignment the Judge allowed the Motion and ordered the DA to furnish the video and photos to Attorney Lewin by the next court date (August 7, 2024). SR insisted to Attorney Lewin that he was absolutely innocent and if there was a video it would prove him innocent. Attorney Lewin began to hound the DA’s Office for a copy of the video. Attorney Lewin sent a flurry of emails and made a number of phone calls to the DA demanding a copy of the video. It became obvious that the DA (and the police) were having some issue with producing the video. It appeared that someone was hiding something; that no one wanted Attorney Lewin and SR to see the video.
On August 7, 2024, SR and Attorney Lewin appeared in Lowell District Court. Attorney Lewin was ready to raise the roof off the Courthouse because the DA had failed to produce the video. At 8:45 AM the DA approached Attorney Lewin and handed Attorney Lewin a “supplemental” police report. The “supplemental” police report recited that upon closer examination of the video it was clear that it was a woman who entered a vehicle (not SR’s vehicle) and then backed up and struck the other vehicle. And then the woman stopped, got out of her car, and went back into the mall. The video clearly showed that SR’s vehicle was NOT involved and that SR was NOT involved. The DA told Attorney Lewin that they would be filing a dismissal of the charge. At 9:00 am the case was called and it was dismissed.
SR had always maintained that he was innocent; he never waivered. He was a terrific client, providing Attorney Lewin with everything Attorney Lewin needed to win the case. It is disgusting that the police went ahead with charging SR without closely examining the video. He NEVER should have been charged in the first place. SR was very happy with Attorney Lewin’s representation and gave Attorney Lewin a big smile and a firm handshake as they left Lowell District Court.