The judge used his discretion to dismiss the assault and battery charges against Philadelphia Phillies Pitcher Brett Myers. He honored the victim’s request (Myers’ wife) that the case be dropped.
This case was disturbing because it happened on Boylston St. on summer’s night and witnessed by more than one credible person. Myers slapped his wife and dragged her by her hair. Her excited utterances indicated this was not the first assault she received from him. The government had a strong case regardless of the wife’s cooperation.
So naturally D.A. Dan Conley is angry. He is on the airwaves and in the newspaper screaming that this is an outrage.
Today’s Globe reports “Suffolk District Attorney Daniel F. Conley issued a statement expressing his deep disappointment with the judge’s decision to “use his discretionary authority to simultaneously affirm that a man beat his wife on a public street and deny our efforts to hold him responsible.”
Well Dan, indict Brett Myers. You have the power. Double jeopardy is not an issue. Quit your squakin’ and do some work. There is no legal reason why you cannot indict Brett Myers.
Take it out of the district court, and show people how serious you are about domestic violence.
Prove to me you are not an incompetent fraud.
If the judge dismissed the charges, you can’t just…charge him again.
It depends on whether the State objected to the dismissal or not. I assume it did. If yes, jeopardy probably didn’t attach. Any other litigators out there to concur/disagree?
and slightly disturbing is that when i heard dan conley this AM on WEEI, i immediately thought “EBIII will be on the case today.”
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i am curious about the idea the DA can still indict despite the dismissal. i’d like to know the details.
He can’t indict. He is the case on “Accord and Satisfaction”.
Which is how the Myers case was disposed.
COMMONWEALTH VS. VICTOR M. GUZMAN; ATTORNEY GENERAL
446 Mass. 344 (2006)
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Case came down last march
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sorry danno