November 09, 2010
- Steven Topazio wrote this April 27, 2014 at 11:36 am
The defendant, who had been represented by a court attorney in 1998, admitted to sufficient facts to each of the above referenced matters and received a CWOF for one year back in 1998, hired Attorney Topazio to seal his record. Attorney Topazio prepared the requisite documents to seal his client’s record and filed same with the court. During that process he learned that although his client admitted to the offenses, the circumstances of this case involved roommates fighting, with questionable facts supporting the indecent aspect of the case. On the initial hearing with the court, Attorney Topazio met with the Assistant District Attorney who indicated that he would oppose his client’s request to seal his record. Undeterred, Attorney Topazio thereafter changed his focus and began an investigation into this 12 year old case. Attorney Topazio uncovered witness statements in the middle of the sealing process that had not been considered when his client originally tendered a plea on his case, which only supported the crime of assault and battery, and thereafter advised his client to file a motion for new trial as it pertained to the charge of indecent Assault and Battery which he previously pled too. Attorney Topazio, argued that this statement from the victim did not support an admission to facts sufficient for a finding of guilty finding that the unconsented touching was indecent. Attorney Topazio filed a motion for new trial and after hearing convinced the court to grant his client a new trial on the indecent assault and battery count only. After the new trial was granted, it was discovered that the alleged victim was no longer available to testify and as a result, the Commonwealth could not prosecute the indecent assault and battery count, and the case was dismissed outright. Instead of sealing his CORI, the client now wanted his CORI to remain unsealed as that the charge of indecent assault and battery which haunted the defendant for years now resulted in a straight dismissal