Not Guilty After Trial of Indecent Assault and Battery on a Child Under 14 in Attleboro MA
Criminal Charges:
Man charged in the Bristol County Attleboro District Court for:
- 4 Counts of Indecent Assault and Battery on a Child Under 14, in violation of M.G.L. c. 265, § 13B
- 2 Counts of Indecent Assault and Battery on a Person 14 or Over, in violation of M.G.L. c. 265, § 13H
Case Overview:
Two nieces and a nephew stayed overnight at their uncle and aunt’s house for a weekend during the summer of August 2018. The older niece, who was age 14 at the time, alleged that one morning while her aunt was at work, her uncle came the bedroom where she was staying and rubbed her vagina and breast over her clothes. Almost immediately after the incident, she texted a friend about the incident. The friend reported this to the girl’s mother, prompting an immediate response by police. During her forensic interview with investigators, the teen also disclosed two other incidents that allegedly occurred in 2016 and 2017, one where her uncle touched her buttocks with his penis through her clothes and another where her uncle touched her bare buttocks with his hand. The uncle was charged with two counts of Indecent Assault and Battery on a Child Under 14 and two counts of Indecent Assault and Battery on a Person 14 or Over, based on these allegations. Several months later, and while the uncle’s case was pending, the teen’s younger sister, who was age 11 at the time, alleged that the same weekend, the uncle touched her vagina and buttocks over her clothes. The uncle was then charged via a separate criminal complaint with two additional counts of Indecent Assault and Battery on a Child Under 14. He hired Massachusetts Sex Assault Defense Lawyer, John L. Calcagni III, to defend him against these charges.
Case Result: 6 Months Pretrial Probation.
The man, who always maintained his innocence, ultimately exercised his right to a jury trial. Both cases were joined for trial. The prosecution presented testimony from both sisters, the older sister’s friend that received the text message, and a police officer. Attorney Calcagni skillfully cross-examined the complainants, pitting them against each other, establishing collusion and unreliable testimony. The Defense also presented testimony from the aunt about a thank you card the girls left behind after the alleged molestation, which the girls refused to identify or authenticate at trial. After closing arguments and several hours of deliberations, the jury returned not guilty verdicts on all charges.