Massachusetts Clerk-Magistrate Hearing for Filing False Police Report: Case Dismissed
Police in Bourne, Massachusetts received a call from a woman claiming her ex-husband assaulted her. Upon arrival, police observed a laceration to the woman’s knee and her face was swollen. She told police her ex-husband caused the injuries and was hiding in the basement with a gun. Officers unholstered their firearms and cleared the residence. The woman’s ex-husband was not present. Police then noticed a cinderblock blocking the interior portion of the basement door, the only point of ingress and egress, making it unlikely that anybody fled from the area. Upon further inquiry by police, the woman changed her story. Police contacted the ex-husband who provided proof he was in Indiana at the time that alleged incident. He also explained to police the woman’s motive to fabricate the story against him based on her belief that he was in another dating relationship. Police further learned that a few years back, the woman made false allegations against the ex-husband for assault and battery. While under investigation for making a false police report and anticipating a summons to appear before a Clerk-Magistrate Hearing, the woman retained the Law Office of John L. Calcagni III. The office represented the woman at the hearing. Following oral arguments in the woman’s defense, the Clerk-Magistrate did not authorize the issuance of criminal complaint, thereby avoiding criminal prosecution.