Marzilli Case in Hands of DA
No Charges in April 6 Case
– Bob Sprague, YourArlington.com
The accusation of assault involving Sen. J. James Marzilli Jr. brought April 6 by a woman in Arlington is now in the hands of Middlesex District Attorney Gerald T. Leone Jr.
“The case remains under investigation by our office in conjunction with the Arlington Police Department,” Leone’s spokesman Corey Welford wrote in an e-mail April 29. “There have been no charges filed at this time.”
Chief Ryan of Arlington police said April 27 that the district attorney was now handling the case.
Marzilli’s attorney, Terrence W. Kennedy of Everett, said by telephone April 24 that the case was in a “holding pattern.” Reached on vacation, he said, “When you learn something, let me know.” He also said he doubted a charge would be brought. Now that the district attorney has the case, Kennedy has been asked to comment, but he could not be reached.
Marzilli faces an accusation from a woman after Arlington police were called to an undisclosed home at 1:15 a.m. April 6 to investigate a report of indecent assault and battery.
The veteran Beacon Hill lawmaker wants to tell the public his side of the story, Kennedy has said, but he has advised his client not to talk with the police or public.
The complaint was filed after Marzilli attended the 20th-anniversary celebration of the Arlington Center for the Arts on April 5 and presented the 2008 Alan McClennen Community Arts Award.
YourArlington asked a number of people who were present that night whether anyone appeared to be accompanying the senator or whether he left with anyone. Some of those asked said he appeared to be alone. No one who was questioned saw him leave.
One person who was there said: “I saw Jim briefly toward the early end of the night. He looked tensely relieved about the election (like all of us). I left after 11:15, when the majority of people had already left but there was a few clusters of people still going strong. I didn’t see him at that point.”
Since the complaint was filed, Marzilli has apparently gathered sufficient signatures in his bid for reelection to the Senate seat he won last December. Opposing the Arlington Democrat are Jack Hurd and Ken Donnelly. Marzilli, 49, was a member of the state House of Representatives for 16 years.
Welford, who did not return numerous phone calls, but did respond to e-mail, was asked a series of questions:
When was the complaint referred?
What does the complaint say?
If it is a charge, when will the senator be arraigned?
What is the time frame in which the case is expected to be handled?
Welford answered only that the case remains under investigation and no charges have been filed.
He invited a reporter “to let me know if you have further questions.” Asked when Arlington police referred the case to the district attorney, Welford wrote:
“We are working in conjunction with Arlington Police have been in contact for weeks on this matter.”
Welford has not responded to a request to be more specific.
In general, once a district attorney is handling a case, the office could indict and seek a probable-cause hearing in court as to whether there is enough evidence to go forward. Evidence could also be presented to a grand jury, which would decide whether there should be an indictment.
A third possibility is that the district attorney could decide there is not enough evidence and close the case.