Alleged Victim’s Assertion of Spousal Privilege Prompts Case Dismissal Day of Trial

On the day of trial, Brett Lovins secured a case dismissal in Middlesex Superior Court for his client facing allegations of kidnapping and aggravated assault. Brett investigated the alleged victim (his client’s wife) and discovered she had no intention of testifying against her husband. Brett recognized the Commonwealth would not be able to prove its case at trial absent her testimony. The case was dismissed when Brett’s client’s wife appeared in court to assert her spousal privilege, which allowed her to refuse to testify.