The following stories are taken from the files of Attorney Mark W. Bennett.
Domestic Violence: Not Guilty A man was charged with attempted murder after police responded to his home and discovered his wife hiding in a closet. Neighbors reported that they observed the man attempting to force his wife over the apartment balcony. After Attorney Bennett entered the case, the charge was reduced to assault and battery. At trial, a jury found the husband Not Guilty of all charges.
Rape: Not Guilty The client met a young woman on the internet, who was posing as a nineteen year old college student. The two engaged in sexual intercourse at the young woman’s home. The matter was reported to police because in reality the young woman was fifteen years old. Attorney Bennett represented the man at trial. A jury found the client Not Guilty of all charges.
Rape: Not Guilty A young woman arrived at the home of a male co-worker after she had been out drinking with friends. She spent the night and reported the next day that she had been raped by the co-worker. The co-worker denied having sex with the woman that night, but DNA testing confirmed that the two had engaged in sexual intercourse. Attorney Bennett presented testimony at trial that the two had engaged in consensual sex while on a coffee break at work the same day as the reported rape. A jury found the client Not Guilty of all charges.
Assault & Battery with a Dangerous Weapon: Not Guilty A bystander reported to police that Attorney Bennett’s client beat a man with a length of pipe, and then fled in a truck. The witness was able to provide the license plate number. When the police stopped the truck, they discovered a broken piece of pipe and arrested Attorney Bennett’s client. At trial, Attorney Bennett presented evidence that the client had acted in defense of another. The client struck the man with a length of pipe when he observed the man menacing another with a long screwdriver. A jury found the client Not Guilty of all charges.
Drug Trafficking: Case Dismissed The police discovered a large amount of heroin in a car occupied by the client. The client had no police record, but if convicted, faced a long mandatory state prison sentence. Attorney Bennett entered the case and filed a motion to suppress the evidence on the basis of an illegal search. The Court allowed the motion. The case was dismissed.
Bank Robbery: Case Dismissed The client was charged with robbing a bank. The police searched a car used by the defendant and discovered clothing which resembled that of the clothing worn by the bank robber. The police also obtained cell phone records which suggested that the client was within a short distance of the bank at the time it was robbed.
Attorney Bennett entered the case and challenged the legality of the search of the car and the lawfulness of the manner by which the police obtained the cell phone records. The Court agreed with Attorney Bennett and ruled that neither the clothing nor the phone records could be used as evidence at trial. Case dismissed.
Pharmacy Robbery: Case Dismissed Client was charged with masked armed robbery of a pharmacy, during which a clerk was held at gunpoint. The police executed a search warrant at the client’s home and recovered evidence linked to the robbery. Attorney Bennett entered the case and filed a motion to suppress the evidence. The Court agreed with Attorney Bennett that the search warrant was defective and that any evidence seized at the home could not be used at trial. Case dismissed.
Robbery: Not Guilty A man reported to the police that he was robbed by someone posing as a police officer. He described the vehicle used by his assailant, but did not provide a license plate number. The police arrested Attorney Bennett’s client because he lived nearby and owned a vehicle like the one used by the robber. The police showed the victim a single photo, that of the client. The victim identified the client as his attacker. Attorney Bennett introduced evidence at trial that the client’s vehicle was in a repair shop on the day the crime was committed. A jury found the client Not Guilty of all charges.
OUI Drugs: Not Guilty The client was charged with Operating Under the Influence of Drugs (OUI Drugs) after involvement in an accident. The prosecutor attempted to present a witness who proposed to testify as a Drug Recognition Expert. After cross-examination by Attorney Bennett, the Court ruled that the witness was not qualified as an expert. At trial, the client was found Not Guilty.
OUI Roadblock: Case Dismissed The client was arrested at a so-called “sobriety checkpoint” after a breath test indicated blood alcohol content above .08. After Attorney Bennett successfully challenged the legality of the roadblock, the case was dismissed.
Possession of Firearm: Case Dismissed The client was an out-of-state resident arrested for unlawful possession of a firearm after being accused of a “road rage” incident. Attorney Bennett’s investigation revealed that the client had formerly lived in the Commonwealth and held an expired Massachusetts gun permit. The firearms charges were dismissed.