Senator got decision he expected, Lawyer says

The Middlesex District Attorney's Office said May 13 that, after an investigation, it did not have enough evidence to prove criminal charges beyond a reasonable doubt in an accusation brought against Sen. J. James Marzilli. The senator's lawyer said that his client "got the decision he expected, that he is innocent."

The Boston Globe reported May 14 that the as-yet-unidentified woman is considering a civil lawsuit.

On his lawyer's advice, Marzilli has not discussed the case publicly. 

Corey Welford, spokesman for District Attorney Gerry T. Leone Jr. issued the statement in an e-mailed press release. It said, in full:

"On April 6 at 1:15 a.m., Arlington police responded to an Arlington home due to a report of an indecent assault and battery. When police arrived, the female complainant alleged that she had been touched inappropriately against her will by a male identified as Joseph James Marzilli, of Arlington.
 
"An investigation into the allegations began immediately. The investigation included multiple interviews with the complainant and additional witnesses, including those who had seen the complainant and Mr. Marzilli at a fundraising event earlier that evening.
 
"The Middlesex District Attorney's Office takes all allegations of sexual misconduct extremely seriously and conducted a thorough investigation to determine whether criminal indecent assault and battery charges were provable against Mr. Marzilli. Based on this investigation, it has been determined that there is insufficient evidence to prove criminal charges beyond a reasonable doubt against Mr. Marzilli in this case."

The event referred to was the 20th anniversary celebration of the Arlington Center for the Arts.

Marzilli's attorney, Terrence W. Kennedy of Everett, said by phone that his client appreciated the thorough investigation conducted by Leone's office.

He said the senator is grateful that his family and his constituents who stood by him since the news broke in April.

Kennedy said he has been told that the woman who brought the accusation has hired Wendy J. Murphy, a lawyer known for her agrressive pursuit of cases involving abuse charges. Murphy is the founder and director of the Victim Advocacy and Research Group.

She is associate editor of the Sexual Assault Report and the author of numerous articles and opinion pieces on the criminal justice system, sexual violence, child abuse, and related legal topics.

Kennedy denied allegation that Marzilli made a payment to the woman to settle the case.

Marzilli has been asked to comment.