December 13, 2011  - Attorney Steven J. Topazio
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December 13, 2011

The client, a 49 year old merchant from the City of Chelsea, received an application for criminal complaint which alleged he committed an assault and battery on one of his customers. Attorney Topazio met with his client and obtained a copy of the police report which alleged the client kicked a hand basket the Spanish speaking customer/complainant was holding, which then struck his leg. Attorney Topazio interviewed a Spanish Speaking employee of the client who witnessed the event. The witness indicated that the complainant was the aggressor and confirmed that the client did not kick any hand basket. Attorney Topazio further discovered that prior to the hearing; a complaint was filed against his client with the Massachusetts Commission Against Discrimination, MCAD, which alleged that the client kicked the complainant in the leg, not the hand basket, because the client discriminates against Hispanics. Today, Attorney Topazio had his client’s Hispanic employee come to court to testify at the hearing and argued that the reason for the discrepancy in the two reports was because the complainant had fabricated the assault and battery charge and made the false allegations against his client in an attempt to profit financially from him, and the court agreed.