What is the name of your state (only U.S. law)? Massachusetts
I was charged with assault and battery for allegedly spitting in the face of a woman whose husband had just punched me in the nose, and was acquitted at trial last week. This is a long story with political undertones, but I am looking for an answer to my question.
This particular incident was captured on my home survelliance system and the video was played at trial. Both the husband and wife denied under oath that I was punched. When the judge and jury viewed the video, the judge blurted out, "Yep, he hit him, alright!".
The police asked the magistrate to have a hearing regarding my alleged A&B, but I had to take out (and pay for) my own personal complaint for an A&B against the guy who punched me.
The magistrate knew there was a video of the event, as I submitted an affidavit describing the incident, it's political motivation, and offered to show the video at a hearing. My application for a hearing was denied.
My wife had applied earlier for a hearing for a criminal complaint against a public official for assault. The incident was caught on tape, AND the man admitted to the police that he threatened my wife. The same magistrate refused her application for a hearing.
It was proven in court that the alleged victim in my case and her husband lied under oath, and that the husband did indeed punch me in the face.
This magistrate has a lifetime appointment and in my opinion is horribly corrupt, and damn proud of it. My attorney told me to re-file the application for an A&B charge along with a charge of perjury against the guy and his wife.
Half of our town council is up for re-election this year, and charges against these people would look real bad for some folks who really want to hang on to their council seats. I believe this magistrate is doing a favor for our district attorney, who is helping out his buddy, the town manager.
If I file again for a hearing and the magistrate refuses in spite of the evidence, what recourse do I have? Are there rules for appealing his decision? What if he holds a hearing and says he found no cause? Can I appeal that decision?
Is there a legal body I can formally complain to about this guy? He is incredibly arrogant and ridiculous in his reasoning. His notes from the hearing about the alleged spit were full of wholly manufactured lies.
In the meantime, the man who punched me is threatening to do it again, because he said it was "fun". The police are useless because their chief is appointed by the town manager. I have to say the cop was basically truthful at trial, and I don't have great hostility towards our police, but I recognize that they are following orders from the town manager.
I know this is a pretty hairy situation, but if I could get this A&B charge against the guy who punched me, he would be compelled to back off. I am afraid I might finally lose my patience and really beat the crap out of this punk if I don't get some cooperation from the courts.
For what it's worth, my lawyer told me that this husband and wife team (who have four small children) both have violent criminal histories. I have never had so much as a parking ticket in my life.
Thanks in advance for any advice you can give on the magistrate problem.