Marzilli Pleads Guilty to Harassment Charges

Former state Senator J. James Marzilli is taken into custody in Middlesex Superior Court on Feb. 22. His attorney, Terrence Kennedy, is at left.
Pool photo by Ted Fitzgerald.

Former State Representative, Senator Sentenced to 3 Months in Prison

Updated 4:06PM Tuesday, February 22, 2011

Former state Sen. James Marzilli was due in Lowell Superior Court at 9 a.m. Tuesday, Feb. 22, for a status hearing to see when his trial on charges of accosting four women in Lowell would take place, but he instead pleaded guilty to six charges and was sentenced to three months in prison.

Marzilli, 52, pleaded guilty to annoying and accosting the women, attempting to commit indecent assault and battery, disorderly conduct, and resisting arrest.

Marzilli’s lawyer Terrence Kennedy asked for three years probation while prosecutors sought a year in jail and four years probation. In addition to his three month prison sentence he was sentenced to five years probation. Marzilli must wear a GPS monitoring device for the first year of his probation, perform 200 hours of community service, undergo any appropriate mental health and or sex offender treatment, stay away from the victims and witnesses in the case, and pay victim witness and GPS fees, according to information released by the office of Middlesex District Attorney Gerard Leone.

“By pleading guilty today, Senator Marzilli admits his responsibility for engaging in a string of highly inappropriate acts against four separate women,” District Attorney Leone said. “We are pleased by the Judge’s imposition of a lengthy term of probation with all of the conditions we asked for, in addition to the committed time Senator Marzilli must serve.”

Kennedy told the Boston Herald that Marzilli wants to put the case behind him.

According to Boston.com, Marzilli admitted to sufficient facts to a seventh, more serious charge, attempting to commit the crime of indecent assault and battery. That plea acknowledged that prosecutors have enough evidence to convict him.

On that charge, his lawyer asked the judge to continue the case without a finding for three years, meaning the charge would eventually be dismissed.

Kennedy also said Marzilli had a “chemical imbalance” but did not claim an insanity defense.

In June 2008 Marzilli checked himself into McLean Hospital in Belmont several days after his arrest. An aide to the senator, Cindy Friedman, said at that time that Marzilli suffered from bipolar disorder.

Indicted in July 2008, Marzilli was originally scheduled to face trial the following April, but there have been a variety of delays. The Arlington Democrat was indicted on charges including annoying and accosting a person of the opposite sex, attempt to commit an indecent assault and battery, disorderly conduct, and resisting arrest, according to DA Leone.

The case was on hold until last year because Marzilli’s lawyers had appealed an attempted indecent assault and battery charge, said Cara O’Brien, a spokeswoman for Leone’s Office. Last June, the state’s highest court ruled that prosecutors could pursue the charge.

Marzilli has been out on $1,500 bail.

Marzilli resigned after his arrest, but is seeking his pension. The retirement board has postponed action until the criminal case is resolved.

– Information edited from YourArlington.com and InsideMedford.com