Father Acquitted of Child Assault Charges in Bristol County Court
Criminal Charges:
Man charged in the Bristol County Superior Court, New Bedford, Massachusetts, for:
- Assault and Battery on a Child, Substantial Injury, in violation of M.G.L. c. 265, § 13J(b) (x2)
- Assault and Battery on a Child with Injury, in violation of M.G.L. c. 265, § 13J(b)
Case Overview:
Police were dispatched to a residence for the report of an unresponsive 3-week-old infant. The father, who was watching the infant and his other three children, ages 1, 2 and 5, while the mother was out, claimed he discovered the unresponsive infant when he went to go change his diaper after putting his other children to bed. After being transported to Boston Children’s Hospital, the infant was discovered to have multiple rib and leg fractures, bleeding on the brain, and retinal hemorrhaging, none of which was discovered during the infant’s visits to the doctor earlier that week. The father voluntarily submitted to an interview with police, where he admitted to shaking the infant that evening to try and revive him and hanging out with a friend in another room while drinking alcohol and smoking marijuana, leaving his other children unsupervised with the infant for a period of time. Following a lengthy investigation, the father was charged with causing these serious injuries to the infant child and hired Massachusetts Criminal Defense Attorney John L. Calcagni III to represent him in his case.
Case Result: Not Guilty on All Charges.
Initially, the father was held on $75,000 cash bail, which he was unable to post, but Attorney Calcagni immediately filed a bail petition in Superior Court and secured the man’s release on $30,000 cash bail with several conditions. The man’s case was ultimately indicted in Bristol County Superior Court, and following a lengthy pretrial discovery process, he elected his right to proceed with a bench trial. After the presentation of all the evidence, and a compelling closing argument by Attorney Calcagni, the judge returned verdicts of not guilty on all counts.