Application for Criminal Complaint
Brockton Police accused a man of breaking into his cousin’s house with two friends and attacking the cousin’s boyfriend. Police were originally dispatched to the Brockton Hospital Emergency Room to investigate a breaking and entering, followed by an assault and battery. Upon arrival, police spoke with the alleged victim who stated that he and his girlfriend, the accused’s cousin, were asleep and awoken by a loud knock at the door. The couple got out of bed. The girlfriend approached the door, pulled up the blinds and recognized the man at the door to be her cousin with two unknown males. She opened the door to speak with her cousin, at which time he and his two male friends barged inside and demanded to know where her boyfriend was located. Upon hearing the commotion, the boyfriend came downstairs from the bedroom to see what was happening and was immediately attacked by all three men, who ultimately fled the scene. The boyfriend sustained a swollen left eye, various scrapes and bruises, and injuries to his left foot and right elbow. Brockton Police filed an application for criminal complaint against the girl’s cousin, alleging breaking and entering with the intent to commit a misdemeanor and two (2) counts of assault and battery—one for pushing his cousin, and the other for attacking her boyfriend. The man received a summons to appear before a Clerk Magistrate’s Hearing at the Brockton District Court. Upon receiving the summons, he and his family retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter. Attorney Calcagni and his team prepared for the hearing by assembling a mitigation package on the man’s behalf and preparing to cross-examine the police applicant and any potential witnesses regarding the allegations. Based on these efforts, the Clerk Magistrate denied the application for criminal complaint.