The Globe has more details. Arraignment is tomorrow.
Milan Lucic arrest: Boston police report details alleged argument (bostonglobe.com)
Havent heard *that* name in awhile.Lucic’s marketing rep, Cleon Daskalakis, told the Globe at the time that the couple had an argument but that it wasn’t violent.
I saw him mind the net in a Bs alumni game about 10 years ago -- he played the position very spryly against my area's local pick up team. "Cleon" is one of the all-time great first names.Havent heard *that* name in awhile.
It likely depends on whether his wife decides to pursue prosecution and/or what was on the 911 tape. Regardless, he may ultimately decide it's in his best interest to do some type of plea or agree to a resolution with some probationary conditions. He clearly should get treatment for alcohol abuse ASAP, irrespective of the criminal court case. The Bruins need to release him yesterday either way.Lucic plead not guilty in court today. Released on his own recognizance, ordered not to consume alcohol or abuse the victim. Pretrial hearing scheduled for January 19.
I would guess this results in a plea deal.
According to the police report, during the 911 call the victim stated he tried to choke her. When the police arrived they noticed and documented red marks on her chest and asked again if he had tried to strangle her but she said no. She also refused medical treatment. I could be wrong but I believe the state can still prosecute without the victims cooperation though I'd imagine getting a conviction becomes more difficult.It likely depends on whether his wife decides to pursue prosecution and/or what was on the 911 tape. Regardless, he may ultimately decide it's in his best interest to do some type of plea or agree to a resolution with some probationary conditions. He clearly should get treatment for alcohol abuse ASAP, irrespective of the criminal court case. The Bruins need to release him yesterday either way.
If the 911 call can be characterized as "non-testimonial" in that there was an "ongoing emergency" when she made those statements and the primary purpose by police was to assist in that ongoing emergency when the dispatcher asked her questions, then absolutely they will be able to go forward with a prosecution even without her cooperation or possible assertion of marital privilege. And with the other corroborating details as you listed there, it sounds like they would have a fairly solid case.According to the police report, during the 911 call the victim stated he tried to choke her. When the police arrived they noticed and documented red marks on her chest and asked again if he had tried to strangle her but she said no. She also refused medical treatment. I could be wrong but I believe the state can still prosecute without the victims cooperation though I'd imagine getting a conviction becomes more difficult.
You’re not wrong, but it’s just the common verbiage of how the order is written."Ordered not to abuse the victim" that he already abused is such a weird and gross statement.
The Commonwealth can, but it’s generally unlikely, assuming no serious priors or more serious injury. If she doesn’t cooperate with the prosecution, this is unlikely to go very far in the legal system.According to the police report, during the 911 call the victim stated he tried to choke her. When the police arrived they noticed and documented red marks on her chest and asked again if he had tried to strangle her but she said no. She also refused medical treatment. I could be wrong but I believe the state can still prosecute without the victims cooperation though I'd imagine getting a conviction becomes more difficult.
Even if it’s a hearsay exception, it can’t be offered for the truth of what’s being asserted, right? I can conceive of ways to get it in, but not really in ways where the probative value outweighed the prejudicial.If the 911 call can be characterized as "non-testimonial" in that there was an "ongoing emergency" when she made those statements and the primary purpose by police was to assist in that ongoing emergency when the dispatcher asked her questions, then absolutely they will be able to go forward with a prosecution even without her cooperation or possible assertion of marital privilege. And with the other corroborating details as you listed there, it sounds like they would have a fairly solid case.
It definitely can get in. Firstly, as being non-testimonial to satisfy 6th Amendment issues and then likely as an excited utterance as a hearsay exception. It then becomes fair game to argue with the jury. It's definitely not as compelling as when the declarant (Lucic's wife) is not there to testify or be subject to cross-examination, but that goes to the weight and not admissibility.Even if it’s a hearsay exception, it can’t be offered for the truth of what’s being asserted, right? I can conceive of ways to get it in, but not really in ways where the probative value outweighed the prejudicial.
That quote jumped out at me as well. Is it normal language in these situations?"Ordered not to abuse the victim" that he already abused is such a weird and gross statement.
Just cut him now.
Apparently so. That jumped out to me as well, but according to a lawyer friend, those conditions are often on the record in DV incidents because not only is it obviously a crime, but it would also be a violation of the bail, which means no more bail.That quote jumped out at me as well. Is it normal language in these situations?
Typically, we have commanders fill out a military protective order (MPO) when there is an allegation of DV. There’s also a required cooling off period where the servicemember is moved into the barracks for at least 72 hours but some places it’s 7 days. The MPO has several stipulations that will prevent the soldier from contacting the spouse or being within a certain distance from the spouse. It includes contact in person or via electronic means or even through a third party. There’s a requirement now to file the MPO with the MPs which gets fed into the national database. It’s not enforceable off post but at least the local law enforcement will know about it.@Preacher
I am not a lawyer, but had a few domestic violence cases in my unit while a Company Commander. This type of language was there, and it was there for digital/verbal abuse as well (which was more likely as we almost always separated the couple). It could be why that language is there.