Not Guilty Verdict in Jury Trial After First Trial Resulted in Hung Jury

Brett Lovins won an acquittal for his client charged with indecent assault and battery after a jury trial in the Malden District Court. The charges involved an unintentional physical interaction at a local casino that was captured on surveillance video and witnessed by several onlookers. The case was tried to a jury earlier in the year, but Brett’s client received a mistrial after the jury was unable to reach a unanimous verdict. At the retrial, Brett successfully argued that uncorroborated hearsay evidence that served to confuse the original jury should be excluded and relied on surveillance video and several defense witnesses to pursue his client’s claim of innocence. The jury returned a Not Guilty verdict on behalf of Brett’s client, permitting him to maintain a clean record and avoid the adverse consequences of a felony sex offense conviction.