Former Medford Rep Faces Assault Charges

State Senator Jim Marzilli Declines Police Interview on Lawyer’s Advice

Sen. Jim Marzilli faces an accusation of assault that is under investigation by Arlington police. The veteran Beacon Hill lawmaker well known for his progressive views wants to tell the public his side of the story, says his lawyer, Terrence W. Kennedy of Everett, but Kennedy has advised his client to remain mum. Asked when he expected Arlington police to interview Marzilli, Kennedy said in a telephone interview April 9: “I will not let him talk to a police officer. [Jim] “would love to talk — to the public, to the police,” but “they have to go through me,” and Kennedy is advising his client not to talk.

Marzilli has not been charged.

Police Chief Frederick Ryan confirmed that the case is under investigation, but would say little more. He provided some details from the police log, which have been reported by the Boston Herald — that police were called to an undisclosed home at 1:15 a.m. April 6 to investigate a report of indecent assault and battery.

The Herald report said the assault occurred at the Arlington home of the woman who made the accusation and was sexual; a Globe story did not report that.

Asked when police would interview Marzilli, Ryan declined to comment. “I will not discuss any particulars with anybody,” he said in a telephone interview April 9.

An April 9 Herald column by Howie Carr, provided further details, but provided no source for them. He wrote: the senator “has been accused of indecent assault and battery on an acquaintance he accompanied to ‘a local arts event’ on Saturday night.”

As to whether local officers are talking to the press on their own, Kennedy said he has spoken with one Arlington detective, who denied being the source of a newspaper story.

Following an accusation, what may happen next?

Kennedy said police or the Middlesex district attorney’s office could ask for a hearing before a clerk magistrate, who would decide whether to issue a formal complaint, or police could summons or arrest him. But Kennedy predicted that after the investigation is completed, they will decide against bringing charges.

Kennedy also said that, while it does not usually happen, police could take up to six years to bring a charge under the statute of limitations. Ryan declined to comment about any time frame.

Those who may think that local police are “dragging their feet” should recall a case in recent years: Arlington police investigated an accusation of two rapes brought by one student against another at Arlington High School. In that case, which local police pursued slowly and with caution, no charges were brought.

Marzilli, 49, a Democrat and an Arlington native, spent 17 years in the House. He has been especially focused on energy and climate change issues, and in 2001 was named Environmental Legislator of the Year by the Environmental League of Massachusetts. He beat three other Democrats in a primary on Nov. 13 to fill the seat vacated by former senator Robert A. Havern. He won a special general election in December.

He also led successful House efforts to increase the minimum wage, abolish Middlesex County government and provide property tax breaks for low-income seniors.

Last year, Marzilli lost his post as vice chairman of the Health Care Financing Committee after running afoul of House Speaker Salvatore F. DiMasi, he said. Marzilli said he was demoted after he filed energy legislation that was much more aggressive than the speaker’s own bill.

His wife, is Susan Shaer, executive director of WAND (Women’s Action for New Directions).