Post by WaTcHeR on Jul 1, 2006 14:54:48 GMT -5
07.01.2006 - FITCHBURG -- A district court judge on Friday dismissed two charges against a city police officer charged with assaulting his wife, and agreed to erase the alleged incident from the officer's record.
Police charged Officer Frederick C. Lake, 41, of 148 Heywood St., on June 21 with one count each of assault and battery and threatening to commit to a crime. He allegedly assaulted his wife the day before, according to court documents.
"(The) victim, who is the wife of the suspect, indicated that the suspect shouldered her into a door and also made threats to kill her if she did not leave the house," reads a one-sentence police report written by Officer Mark Jackson.
Lake originally had a June 22 arraignment date, but the magistrate postponed the proceeding until Monday, according to court documents.
The alleged victim then decided on Monday that she wanted the charges dropped and did not want a restraining order against Lake, according to a dismissal motion filed by the assistant district attorney prosecuting the case.
"The police officer who investigated the case would not be able to offer any evidence in a court of law for the commonwealth to prosecute his case," the motion reads in part.
Lake's attorney, Edwin H. Howard of Fitchburg, also filed two motions on Monday, requesting that the charges be dismissed before Lake's arraignment, and that all records of the alleged assault be erased to protect Lake.
"Where the defendant is a Fitchburg police officer, he may find himself in an untenable position if his record is not expunged. It may cause him great embarrassment in the future if it were ever inadvertently publicly revealed. So too, he may become a suspect in future criminal investigations solely due to the fact that a record of his exists," one motion reads in part.
Lake has never been arrested before, according to the same motion.
District Court Judge Andrew L. Mandell accepted both motions on Friday, after Lake's court file had been held for a few days.
Sgt. Glenn C. Fossa referred all questions about the incident to Capt. Mark W. Louney, who handles the department's personnel issues. Louney could not be reached for comment Friday.
Mayor Dan H. Mylott said Friday he does not comment on personnel matters. Chief Edward F. Cronin is on vacation this week.
Howard said in a telephone interview late Friday afternoon that the Lakes have reconciled since the incident happened last week and Lake's wife is not filing for divorce.
"These folks had a bump in the road in their marriage. They're happily together," he said. "I think she realized that this was not the approach she should've taken and I think she expressed that a number of times to the police and the district attorney's office."
He added the Lakes are vacationing in Vermont. They could not be reached for comment Friday.
Howard, who has worked as an attorney for the Sentinel & Enterprise in the past, also said the brief police report included in court documents did not fully describe what happened.
"The police reports that I have would substantiate the statements I just gave you," he said, but declined to share that information with a Sentinel & Enterprise reporter.
The Sentinel & Enterprise could not obtain additional police reports connected to the incident Friday afternoon.
www.sentinelandenterprise.com/ci_4003013
Police charged Officer Frederick C. Lake, 41, of 148 Heywood St., on June 21 with one count each of assault and battery and threatening to commit to a crime. He allegedly assaulted his wife the day before, according to court documents.
"(The) victim, who is the wife of the suspect, indicated that the suspect shouldered her into a door and also made threats to kill her if she did not leave the house," reads a one-sentence police report written by Officer Mark Jackson.
Lake originally had a June 22 arraignment date, but the magistrate postponed the proceeding until Monday, according to court documents.
The alleged victim then decided on Monday that she wanted the charges dropped and did not want a restraining order against Lake, according to a dismissal motion filed by the assistant district attorney prosecuting the case.
"The police officer who investigated the case would not be able to offer any evidence in a court of law for the commonwealth to prosecute his case," the motion reads in part.
Lake's attorney, Edwin H. Howard of Fitchburg, also filed two motions on Monday, requesting that the charges be dismissed before Lake's arraignment, and that all records of the alleged assault be erased to protect Lake.
"Where the defendant is a Fitchburg police officer, he may find himself in an untenable position if his record is not expunged. It may cause him great embarrassment in the future if it were ever inadvertently publicly revealed. So too, he may become a suspect in future criminal investigations solely due to the fact that a record of his exists," one motion reads in part.
Lake has never been arrested before, according to the same motion.
District Court Judge Andrew L. Mandell accepted both motions on Friday, after Lake's court file had been held for a few days.
Sgt. Glenn C. Fossa referred all questions about the incident to Capt. Mark W. Louney, who handles the department's personnel issues. Louney could not be reached for comment Friday.
Mayor Dan H. Mylott said Friday he does not comment on personnel matters. Chief Edward F. Cronin is on vacation this week.
Howard said in a telephone interview late Friday afternoon that the Lakes have reconciled since the incident happened last week and Lake's wife is not filing for divorce.
"These folks had a bump in the road in their marriage. They're happily together," he said. "I think she realized that this was not the approach she should've taken and I think she expressed that a number of times to the police and the district attorney's office."
He added the Lakes are vacationing in Vermont. They could not be reached for comment Friday.
Howard, who has worked as an attorney for the Sentinel & Enterprise in the past, also said the brief police report included in court documents did not fully describe what happened.
"The police reports that I have would substantiate the statements I just gave you," he said, but declined to share that information with a Sentinel & Enterprise reporter.
The Sentinel & Enterprise could not obtain additional police reports connected to the incident Friday afternoon.
www.sentinelandenterprise.com/ci_4003013