DATE OF TRIAL: December 6, 1988

CHARGES: Assault and Battery and Malicious Destruction of Property over $250.00

STATEMENT ABOUT CASE: victim was defendant’s girlfriend and was she reluctant to testify negatively about defendant

VERDICT: Not Guilty

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DATE OF TRIAL: August 30, 1989

CHARGES: Disorderly Person and Attempting to Commit A Crime (Larceny)

STATEMENT ABOUT CASE: Defendant accused of trying to steal a pocketbook from an off duty police officer.

VERDICT: Not Guilty

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DATE OF TRIAL: August 31, 1989

CHARGES:Assault and Battery and Disorderly Person

STATEMENT ABOUT CASE: Defendant accused of beating his girlfriend and involving the tenants.

VERDICT: Not Guilty

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DATE OF TRIAL: September 11, 1989

CHARGES: Assault and Battery

STATEMENT ABOUT CASE: Defendant charged with an assault and battery on his mother. A domestic abuse case.

VERDICT: Not Guilty

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DATE OF TRIAL: September 19, 1989

CHARGES: Assault and Battery on a Police Officer and Disorderly Person

STATEMENT ABOUT CASE: Defendant was one of several co‑defendants involved in an alleged scuffle with police. Defendant’s case was severed.

VERDICT: Not Guilty

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DATE OF TRIAL: November 8, 1989

CHARGES: Assault and Battery

STATEMENT ABOUT CASE: Defendant was in a minor “fender bender” and was accused of striking and beating the driver of the other car. A self defense was asserted by defendant.

VERDICT: Not Guilty

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DATE OF TRIAL:November 15, 1989

CHARGES: Mal. Destruction of Prop. Over $250

STATEMENT ABOUT CASE: Defendant was accused of breaking the windows of his brother’s car.

VERDICT: Not Guilty

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DATE OF TRIAL:November 21, 1989

CHARGES: Operating a MV Negligently So As To Endanger

STATEMENT ABOUT CASE: Defendant accused of speeding through an intersection, not stopping at a stop sign and causing an accident.

VERDICT: Not Guilty

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DATE OF TRIAL:November 21, 1989

CHARGES: Operating a MV Negligently So As To Endanger

STATEMENT ABOUT CASE: Defendant accused of speeding through an intersection, not stopping at a stop sign and causing an accident.

VERDICT: Not Guilty

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DATE OF TRIAL: December 18, 1989

CHARGES: Possession of Cocaine with intent to distribute

STATEMENT ABOUT CASE: Defendant accused of having cocaine in her apartment and selling cocaine from her apartment.

VERDICT: Not Guilty

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DATE OF TRIAL: July 17, 1990

CHARGES: Disorderly Person and Assault and Battery by dang. weapon

STATEMENT ABOUT CASE: Defendant accused of hitting a person with a shovel

VERDICT:Both counts dismissed due to a lack of identification

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DATE OF TRIAL:July 23, 1991

CHARGES: Assault and Battery with a dangerous weapon

STATEMENT ABOUT CASE:Defendant accused of striking alleged victim with a baseball bat.

VERDICT: Not Guilty

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DATE OF TRIAL:August 7, 1991

CHARGES: Mal. destruction of prop. over $250 (2 counts)

STATEMENT ABOUT CASE:Defendant accused of destroying personal property (house) and a car

VERDICT: Not Guilty on one count (car) and CWOF ‑ 6 months on the second count (house)

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DATE OF TRIAL:December 10, 1991

CHARGES:(A) Assault & Battery (B) Assault & Battery by Dangerous Weapon © Disorderly Person (D) Assault & Battery (E) Mal. Destruction of Property over $250

STATEMENT ABOUT CASE: Defendant accused of destroying personal property as well as beating his wife and child

VERDICT: Not Guilty on counts B,C,D and E. Guilty on count A.

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DATE OF TRIAL: March 12, 1992

CHARGES:(A) Trespass

STATEMENT ABOUT CASE: Defendant accused of trespassing in a dwelling where a “no trespassing” sign was posted. Defendant claims she was visiting a friend.

VERDICT: Not Guilty

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DATE OF TRIAL: July 20, 1992

CHARGES:(A) Assault and Battery and Threatening to commit a crime

STATEMENT ABOUT CASE: Defendant accused of slugging a person with the t‑bar” handle of a pallet, as well as threatening him with additional harm. There were cross complaints involved as

there was a fight between my client and the alleged victim.

VERDICT: At conclusion of trial, Commonwealth requested A & B be dismissed and Judge found Defendant NG of Threats

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DATE OF TRIAL: November 24, 1992

CHARGES:(A) assault and battery

STATEMENT ABOUT CASE: Defendant accused of punching his girlfriend in the eye. No eyewitness to alleged incident. Defendant denied any involvement.

VERDICT: Not Guilty

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DATE OF TRIAL: November 25, 1992

CHARGES:(A) Threatening to commit a crime

STATEMENT ABOUT CASE: Defendant accused of threatening to do bodily harm to girlfriend. Girlfriend never in imminent fear or believed in danger.

VERDICT: Required Finding of Not Guilty

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DATE OF TRIAL: January 11, 1993

CHARGES: Carrying a dangerous weapon

STATEMENT ABOUT CASE: Defendant charged with carrying a knife under C.269 s.10(b) by an officer who arrested him for warrants. Knife was not a per se dangerous weapon and complaint did not state anything about warrant.

VERDICT: Not Guilty (Required Finding of Not Guilty)

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DATE OF TRIAL: September 8, 1993

CHARGES:(A) receiving stolen property over $250

STATEMENT ABOUT CASE:Defendant accused of stealing property from a home in which he was an invited guest. However, as a matter of law, you cannot be a thief and a recipient of stolen goods.

VERDICT: Not Guilty

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DATE OF TRIAL:November 29, 1993

CHARGES:(A) Attempting to commit a crime (B) Malicious Destruction of Property over $250

STATEMENT ABOUT CASE: Defendant accused of attempting to steal a motor vehicle from the parking lot of a shopping center. The Commonwealth had a difficult time regarding identification.

VERDICT: Not Guilty

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DATE OF TRIAL:January 26, 1994

CHARGES:(A) Assault and Battery (B) Violation of a restraining order

STATEMENT ABOUT CASE: Defendant accused of attacking ex wife and violating a MGL208 sec18 (as opposed to a MGL209A). Judge ruled as a matter of law, restraining order was ongoing and did not terminate at the conclusion of one year.

VERDICT: (A) Dismissed (B) CWOF ‑ one year

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DATE OF TRIAL: November 2, 1994

CHARGES:(A) Mal. destruction of property over $250

STATEMENT ABOUT CASE: Defendant accused of purposely and maliciously damaging a bathroom at Lynn Classical High School at a cost of approximately $4000.00

VERDICT: (A) Dismissed. After first witness Judge called for a sidebar conference and suggested to the District Attorney that a dismissal may be in order.

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DATE OF TRIAL: December 12, 1994

CHARGES:(A) Illegal poss. of class “A” (B) Poss. class “B” with intent to distribute (C) Poss. with intent dist. contr. sub w/i 1000 ft. of school.

STATEMENT ABOUT CASE: Defendant accused of selling drugs out of an apartment, however, there was no link between ownership of apartment and defendant.

VERDICT: (A) Required Finding of Not Guilty, (B) Required Finding of Not Guilty, (C) Required Finding of Not Guilty

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DATE OF TRIAL: February 10, 1995

CHARGES:(A) Illegal poss. of class “A” with intent to distribute (B) Poss. with intent dist. contr. sub w/I 1000 ft. of school.

STATEMENT ABOUT CASE: Defendant accused of selling drugs out of an apartment, however, there was no link between ownership of apartment and defendant.

VERDICT: (A) Not Guilty (B) Not Guilty

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DATE OF TRIAL: November 3, 1995

CHARGES:(A) Assault and Battery by Dang. Weapon (B) Armed Assault with intent to Rob (partially Nolle Prossed to Assault and Battery and, then again, further reduced to Assault)

STATEMENT ABOUT CASE: Defendant accused of going into ex‑ partner’s store and trying to collect a debt by threatening and striking alleged victim with a machete. Defendant claims that

alleged victim, in fact, picked up machete and struck him and his brother.

VERDICT: (A) Not Guilty (B) Not Guilty (required finding on both counts)

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DATE OF TRIAL: November 16, 1995

CHARGES:(A) Violation of a Protective Order (2Cts.)

STATEMENT ABOUT CASE: Defendant accused of calling his ex‑girlfriend on the telephone and threatening her and of having his girlfriend call her on another date and ex‑girlfriend could hear defendant in background threatening her during call.

VERDICT: (A) Not Guilty on both counts

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DATE OF TRIAL: November 17, 1995

CHARGES:(A) Poss. Firearm, no lic. (B) Poss. Firearm W/Out Firearm ID Card

STATEMENT ABOUT CASE: Defendant accused of putting a gun to a woman’s head. Some doubt about who actually owned the gun. Also, unclear whether or not gun was tested for fingerprints

VERDICT: (A) Not Guilty (B) Not Guilty

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DATE OF TRIAL: February 24, 1997

CHARGES:(A) Disorderly Person (B) Assault and Battery on Police Officer (C) Resisting Arrest

STATEMENT ABOUT CASE: Defendant accused of pushing and punching state trooper as well as screaming obscenities. Trooper dislocated defendant’s knee, therefore his motive was obvious and his credibility questionable

VERDICT: (A) Not Delinquent (B) Not Delinquent (C) Not Delinquent

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DATE OF TRIAL: July 11 & 14, 1997

CHARGES:(A) Larceny of Prop over $250, (B) False Represent to DPW to Secure Support and (C)False Represent to DPW to Secure Support

STATEMENT ABOUT CASE: Defendant accused of defrauding welfare regarding living arrangements of children. Children lived with husband but wife supported children. DPW claimed fraud because children were not under same roof as mom.

VERDICT: (A) Not Guilty (B) Not Guilty (C) Not Guilty

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DATE OF TRIAL: October 20, 1997

CHARGES: (A) operating a motor vehicle with a suspended license (B) suspended registration

STATEMENT ABOUT CASE: Defendant accused of operating a motor vehicle with a suspended license. Primary issue was “operation”.

VERDICT: (A) Not Guilty (B) Dismissed

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DATE OF TRIAL: December 9, 1999

CHARGES:(A) Breaking and Entering with intent to commit a felony (B) Assault and Battery

STATEMENT ABOUT CASE: Defendants accused of breaking into victim’s apartment and assaulting her..

VERDICT: (A) Not Guilty and (B) Guilty -1 year probation

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DATE OF TRIAL: June 2, 2000

CHARGES:(A) Assault and Battery (domestic)

STATEMENT ABOUT CASE: Defendant accused of assaulting girlfriend. Commonwealth tried to prove case through an excited utterance but all defense objections were sustained and Judge granted a directed verdict.

VERDICT: (A) Not Guilty

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DATE OF TRIAL: August 9, 2000 (over several days)

CHARGES:(A) Assault with a dangerous weapon (B) possession of a firearm

STATEMENT ABOUT CASE: Defendant accused of being the driver of a drive-by shooting than hiding gun in her sock and bullets in her pocket. Defense of Necessity and Duress were used.

VERDICT: (A) Not Guilty and (B) Not Guilty

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DATE OF TRIAL: September 18, 2000

CHARGES:(A) Assault and Battery (domestic) and (B) Assault and Battery (domestic)

STATEMENT ABOUT CASE: Defendant accused of beating wife and grand-daughter. Police testified based on excited utterances.

VERDICT: (A) Not Guilty and (B) CWOF- 1 year

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DATE OF TRIAL: March 27, 2001

CHARGES:(A) distribution of drugs within a school zone (B) distribution of drugs within a school zone (C) possession of cocaine with intent to distribute

STATEMENT ABOUT CASE: Defendant accused of keeping 13.73 grams of cocaine in her bureau. However, boyfriend also lived there and plead guilty earlier as a co-defendant.

VERDICT: (A) Dismissed (B) Required Finding of Not Guilty (C) Not Guilty

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DATE OF TRIAL: August 14, 2001

CHARGES:(A) Assault and Battery

STATEMENT ABOUT CASE: Defendant accused of breaking nose of husband. Wife agrees she did punch husband in face but did so in self defense.

VERDICT: (A) Not Guilty

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DATE OF TRIAL: November 16, 2001

CHARGES:(A) Assault and Battery

STATEMENT ABOUT CASE: Defendant accused of punching a person two times in the face. Defendant claims that landlord falsified claim because he would not move out on a timely basis

VERDICT: (A) Not Guilty

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DATE OF TRIAL: March 20, 2002

CHARGES:(A) Poss class “B” with int to distribute (B) Conspiracy to violate drug law and (C) Drug, Poss to distrib class “A”

STATEMENT ABOUT CASE: Defendant was driver of a motor vehicle whose passenger through drugs out window.

VERDICT: (A) Not Guilty (B) Not Guilty and (C) Not Guilty

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DATE OF TRIAL: March 14, 2003

CHARGES:(A) Receiving Stolen Property over $250.00

STATEMENT ABOUT CASE: Defendant was stopped and arrested for a warrant. Police found a credit card in someone else’s name in his wallet. Learned that credit card was stolen

VERDICT: (A) Not Guilty (required finding of Not Guilty)

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DATE OF TRIAL: May 5, 2003

CHARGES:(A) Violation of a restraining order

STATEMENT ABOUT CASE: Defendant was passenger in a motor vehicle whose driver stopped in front of a house where victim was visiting. Commonwealth could not show beyond a reasonable doubt that defendant intended to be a part of this stop

VERDICT: (A) Not Guilty

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DATE OF TRIAL: June 8, 2004

CHARGES:(A) Violation of a restraining order, (A) assault and battery and (B) Threat to commit a crime

STATEMENT ABOUT CASE: Defendant had two cases as indicated above and were joined for trial. Alleged victim testified that defendant grabbed her in the court house and threatened to cut her throat. Further, on another date followed her despite her having a valid restraining order. Victim made other collateral allegations against defendant. Defense was one of retaliation. That every time, defendant brought a legal action against her, she would allege a crime against him.

VERDICT: (A) Not Guilty; (A) Not Guilty and (B) Not Guilty

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DATE OF TRIAL: June 30, 2004

CHARGES: (A) Assault and Battery and (B) Assault and Battery

STATEMENT ABOUT CASE: son and wife alleged that his father and her husband, respectively, assaulted them. There is an acrimonious divorce proceedings also pending.

VERDICT: (A) Not Guilty and (B) Not Guilty

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DATE OF TRIAL: August 31, 2004

CHARGES: (A) Operating under the influence of liquor- 2nd offense and (B) Leave Scene of Property Damage

STATEMENT ABOUT CASE: Police officer claims that he stopped vehicle due to extensive damage to vehicle and light being out. Later learns that this is a second offense oui and that there was property damage nearby to the scene

VERDICT: (A) 2nd offense reduced to 1st offense and Guilty and (B) Dismissed

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DATE OF TRIAL: July 15, 2005

CHARGES: (A) Operating Under the Influence – Liquor

STATEMENT ABOUT CASE: key element of case was “private way” issue. Was client operating on a public way? Defendant claims that he never left driveway. One witness claims he may have been on sidewalk.

VERDICT: (A) Not Guilty

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DATE OF TRIAL: August 31, 2005

CHARGES: (A) Drug, Possess Class B

STATEMENT ABOUT CASE: Defendant accused of illegally carrying Adderall. Defense was he was only carrying his friend’s bag and did not know what was in it.

VERDICT: (A) Not Guilty

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DATE OF TRIAL: April 12, 2006

CHARGES: (A) violation of an abuse prevention order

STATEMENT ABOUT CASE: Defendant accused of writing a letter to his ex-girlfriend who had a restraining order against him. Client claimed that he was never served a copy of restraining order.

VERDICT: (A) Not Guilty

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DATE OF TRIAL: October 18, 2006

CHARGES: (A) OUI- 2nd offense (B) Refusing to Identify self (C) license revoked at HTO, oper. MV and (D) Speeding

STATEMENT ABOUT CASE: Defendant accused of OUI of alcohol with all the classic symptoms such as strong odor of alcohol, red eyes, slurred speech, unsteady on feet, etc. Defendant’s witnesses claimed he at lots of food and drank two beers, and that he seemed alright and sober.

VERDICT: (A) Not Guilty (B) Guilty – $100 (C) Guilty -$675 and (D) Responsible – $220

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DATE OF TRIAL: December 7, 2006

CHARGES: (A) betting

STATEMENT ABOUT CASE: Defendant accused of betting under C. 271 sec 17 which is really a statute for charging “bookies” but defendant in this case was just caught betting inside a tent with other friends on a dice game.

VERDICT: (A) Not Guilty

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DATE OF TRIAL: October 19, 2009

CHARGES: (A) malicious destruction of property over $250

STATEMENT ABOUT CASE: former girlfriend of defendant and her friend claim that defendant punched and kicked in door of an apartment. Their stories conflicted greatly and there was little evidence about the damage. A required finding of not guilty was allowed

VERDICT: (A) Not Guilty

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DATE OF TRIAL: March 3, 2010

CHARGES: (A-D) Assault with a dangerous weapon and (E) Firearm, Carry without a license, (F) Firearm, carry without license loaded and (G) Firearm without FID card, possess

STATEMENT ABOUT CASE: a co-defendant brandished a gun at a person from his drivers position in the car. Mr. Garcia was a back seat passenger. Commonwealth moved forward on a joint venture theory. There was no evidence that Defendant met any of the elements regarding a joint venture theory as at most he was a passenger in the back seat. There is even some question as to whether he was in the car at the time of the crime. A required finding of not guilty was allowed.

VERDICT: (A- G) Not Guilty all counts.

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DATE OF TRIAL: June 30, 2010

CHARGES: (A) Violation of a Restraining Order (B)Violation of a Restraining Order

STATEMENT ABOUT CASE: defendant accused of calling alleged victim 2 times. Victim’s credibility was a major factor as she obviously had a problem with the truth as her recollection differed from the police report and was contrary to witnesses accounts.

VERDICT: (A) Not Guilty (B) Not Guilty

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DATE OF TRIAL: November 4, 2010

CHARGES: (A) possession to distribute class B (B)Distribution of Class B (C) Drug Violation near School Zone

STATEMENT ABOUT CASE: defendant accused of selling drugs at a location on Western Ave. in Lynn. Then being arrested on this charge at his home on Eastern Ave in Lynn. No school zone on Western Ave so police charged him with a school zone on Eastern Ave. Agreed defendant was distributing class B drug but no school zone.

VERDICT: (A) Not Guilty of distribution and reduced to possession) (B) Guilty (C) Not Guilty