July 21, 2009

• Steven Topazio wrote this April 27, 2014 at 4:14 am

The defendant, who went to Suffolk Superior Court to support the family of an individual who pled guilty to kidnapping and received a committed sentence, was charged with the felony offense of witness intimidation after police, who were escorting the victim from Superior Court, observed the defendant yelling at the victim who had just testified. Attorney Topazio challenged the charge in District Court by filing a Motion to Dismiss pursuant to Commonwealth v. DiBennadetto, 436 Mass. 319, 764 N.E. 2d 338 (2002); alleging that his client’s conduct consisting as it did merely of language which was overheard and then described as intimidation, falls outside of the purview of §13B because it occurred after the criminal proceeding at which the victim testified had ended. Attorney Topazio argued that the Commonwealth could not prove that the defendant had the specific intent to impede any criminal proceeding as required by statute arguing that the commitment of the defendant in Superior Court at his sentencing, where there are no rights of appeal, in fact, and in law, mark the end of the criminal proceedings. Although unsuccessful on the Motion to Dismiss, Attorney Topazio moved for trial. Today at trial, Attorney Topazio renewed his request to dismiss the charges arguing again that the Commonwealth could not prove its case. Attorney Topazio focused on the fact that the Commonwealth could not prove that his client intended to impede, obstruct, delay, harm, or punish any criminal proceeding as required by statute as the proceeding in question had ended. Attorney Topazio was successful in convincing the Commonwealth to reduce the felony charge of witness intimidation to the misdemeanor charge of threats where his client accepted a CWOF (continuance without a finding) and thus avoided trial.