Can a Defendant Intimidate a Witness in Open Court

**licensegrl** · 02-08-2010, 12:16 PM

My question involves an assult and battery case in the State of Massachusetts. My husband was assaulted by a 19 year old neighbor and his girlfriend. Long story short, 19 year old boy, trying to show the neighborhood that he is a man. He took issue with my requesting that he not give my family dirty looks every time we arrived home and decided to, with his girlfriends assitance, assult my husband. Police responded, charges filed, we end up moving due to the constant intimidation, to a threatening degree, and daily harrassment.

Their Pre trial conference was this past Friday. As my husband was going to be out of town, I decided to attend to see what transpired. I had also filled out numerous vistim impact statements including medical bills for the injury (requiring surgery) to his shoulder, lot time from work and an extensive descritpion of thew 5 month mission iof harrassment these people waged upon our family.

I spoke w/ the prosector directly before the proceedings and took my seat. I was stared down, grinned at, the entire time by the defendant. Upon leaving, she made a point to stop, lean into where I was sitting, grin, raise her eyebrows at me and laugh...with a look that said "I'll get you".

Nothing that made me fear for my personal safety as I was in a court of law. However, is this behavior actually allowed??? They have a new dat for 3/4 and I'm sure the last thing they want is for me to be sitting in the courtroom. For this reason, I have every intention of watching every proceeding against them. It is my right. I, too am listed as a victim as the defendent threatened to kill my family (in front of my 8 yr old son) prior to the assult on my husband. My husband and I immediately went to the police station and filed a report. 15 minutes later he was assulted by the defendant.

Should I call the DA's office and inquire if the defendant can be held in contempt of court or charged with witness intimidation should this occur on the next court dat?

**Mr. Knowitall** · 02-09-2010, 04:47 PM

If something like this happens, you should bring it to the attention of the prosecutor at the time. It's not "contempt of court" to give you "the evil eye".