On June 22, 2004 a woman in Boston, Massachusetts boarded a Green Line Trolley. The train was crowded that day as the Red Sox had a home game. The defendant, Timothy Day got on the same train at the Copley Station. While on the train Day allegedly touched the woman and himself in an inappropriate manner. The woman exited the train and detected a stain on her clothing and something on her purse. She washed her clothes and threw the pocketbook away. The latter item was retrieved and tested. A DNA profile was created with the substance. It was later learned that two years earlier a similar incident occurred in Virginia. There too a sample was obtained and tested. The two samples matched. Last year it was determined that Day was the source of the DNA sample. Day is not being prosecuted in Virginia due to a statute of limitations problem. Day has been charged with Indecent Assault and Battery and is being prosecuted in the Suffolk County Superior Court in Boston.
Indecent Assault and Battery Attorney in Massachusetts
Statute of Limitations defenses are very rare in Massachusetts. Massachusetts General Laws Chapter 277 Section 63 limits the time for filing an indictment or complaint to six years in Indecent Assault and Battery cases. This would be great for Day except for the fact that Massachusetts exempts as time any period in which the defendant is not living openly in Massachusetts. Had he been living in Massachusetts for the established period after the alleged act occurred he might succeed in moving to dismiss this case. Other Sex Crimes in Massachusetts such as Rape of a Child or Rape have much more generous time frames in which to file a complaint and prosecute the accused. Child Rape Cases in Massachusetts have a twenty-seven year statute of limitations. Rape cases have a fifteen year statute of limitations.
As a Massachusetts Sex Crimes Defense Lawyer I would like to know what substance was specifically identified on the woman’s pocketbook. DNA can be left at a crime scene through blood, head hair, body hair, skin flakes and more. Everyone leaves DNA traces behind through daily life activities. It can be left behind on cups, cigarettes, phones and other items. It can also be found in other bodily fluids, such as saliva, tear drops and semen. Thus, it would be helpful to know from what substance the DNA profile was obtained. Keep in mind that if Day ejaculated on the woman and her purse you would expect other people to have witnessed the act. This supposedly occurred on a crowded trolley. So what did other people see? Is anyone able to identify Day as the person committing the sexual assault? Can the woman make an identification? The answers to these questions will be helpful in the defense to this case.
The Law Offices of Stephen Neyman defends Sex Crimes in Massachusetts regularly. If you are in trouble you need to hire an Experienced Massachusetts Criminal Lawyer right now. Call us at 617-263-6800 or send us an email. It is time to start preparing your defense.