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  1. #1
    Join Date
    Jul 2008
    Posts
    242

    Default Can a Defendant Intimidate a Witness in Open Court

    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?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Defendant Intimidate a Witness in Open Court

    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".

  3. #3
    Join Date
    Jun 2012
    Posts
    27

    Default Re: Can a Defendant Intimidate a Witness in Open Court

    The act you're saying ooccurred has already been ruled by the courts regarding the more serious offense of juror tampering along with witness intimidation.
    HERE

    Though this was done in a 6th district court I can almost guarantee you an opinion regarding this has already been published for the action in your district. The lower courts would follow this unless there was a large discrepancy in the nature of your events that made it unique to the act. I don't see it does from what you said and in reality is less serious than the case referenced.

    Just don't look at the guy and if he elects to make an actual action with the intent to harm (lunge, punch, throw) report it to the solicitor. Further if he make an offer to harm report it. Any evidence you have supporting those facts turn over also.

    The act of staring just can't be determined to its intent so it would unreasonable to call it a crime in any fashion.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Can a Defendant Intimidate a Witness in Open Court

    Umm...necropost much? This thread is over 2 years old.

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