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Written by Various sources    Friday, 29 January 2010 00:00    PDF Print E-mail
2nd SJC Marzilli case set after December ruling in his favor

J. James. MarzilliThe state Supreme Judicial Court (SJC) has declined to hear the case for a broad restraining order against J. James Marzilli of Arlington, the former Democratic state senator and 17-year state representative. Marzilli's trial on criminal charges of accosting four women in Lowell in June 2008 has been delayed from last April until sometime this spring. A date has not been set.

The SJC ruling of Dec. 22, 2009, rejected the case brought by attorney Wendy Murphy, a commentator about feminist issues, on behalf of three women. She sought to place a civil rights restraining order on Marzilli to bar him from harassing any woman in Massachusetts.

Terry Kennedy, one of Marzilli's attorneys, confirmed a Jan. 29 Lowell Sun report about another case before the SJC is set for March 1. In that one, Kennedy wants to dismiss the charge of attempted indecent assault and battery on the grounds that the notion of attempted assault is redundant and that no such crime exists in Massachusetts.


The SJC upheld a Court of Appeals decision of last October in the case called Judith Carroll & others vs. James Marzilli, which YourArlington reported on in detail at the time.

The SJC also rejected Murphy's attempt to bar Marzilli from contact with three of her clients who had claimed Marzilli groped them.

A news release from Peter Bellotti, one of Marzilli's attorneys in this case, quoted Appeals Court Justice Scott Kafkir: "The plaintiffs may seek preliminary injunctive relief [or civil rights restraining order] only on their own behalf and not on the behalf of public at large."

Murphy was not expected to pursue the case to the U.S. Supreme Court because the issues involve state law.


This story was first reported Jan. 24, 2010, and updated Jan. 29.

Last Updated ( Tuesday, 22 February 2011 15:28 )
 

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