Senator Marzilli won't face charges in alleged assault
State Senator J. James Marzilli Jr., who refused to be interviewed by authorities last month after an Arlington woman alleged that he had touched her inappropriately, will not face charges in the case.
Middlesex prosecutors said yesterday that after interviewing the woman and multiple witnesses who saw her and Marzilli the night of the alleged assault, there was not enough evidence to prove criminal charges beyond a reasonable doubt.
Marzilli did not return calls seeking comment, but his lawyer, Terrence W. Kennedy of Everett, said the Arlington Democrat was "extremely relieved that it is over."
"This has been a difficult time for him and his family," Kennedy said in a telephone interview.
Wendy Murphy, a prominent Boston lawyer acting as a spokeswoman for the alleged victim, said in a telephone interview yesterday that the woman "is obviously disappointed. She was honest about everything and completely cooperative from day one."
Neither Murphy nor police would identify the alleged victim. The Globe does not publish the name of alleged sexual assault victims without their consent.
Murphy said the woman is considering a civil suit and an ethics complaint against Marzilli. She said the woman was out of town yesterday and faxed her a statement in which she thanked Arlington police, said she was glad she had taken a self-defense course, and added, "It's frustrating that a public servant that helps write laws in the Commonwealth to protect women can break these same laws and seemingly get away with it."
Murphy said the woman did not know Marzilli before she met him at a fund-raiser on April 5. But he offered her a ride home, Murphy said, and the two went to her apartment in Arlington. At 1:15 a.m. on April 6, the woman called police and reported that the senator had touched her inappropriately.
"It was not a date . . . and she had no interest in him," Murphy said.
Murphy said that after the incident, someone acting on behalf of Marzilli contacted the woman and asked her "what she would like to make the case go away." The person offered an apology and whatever else might "make you feel better," which the woman took to mean money, Murphy said.
"The victim, to her credit, rejected the offer and reported it to police," Murphy said.
Arlington's police chief. Frederick Ryan, declined to comment.
Kennedy said a private investigator hired by his office contacted the woman twice but did not offer her money.
"She absolutely, positively was not offered anything," Kennedy said, calling the suggestion "nothing but a boldface lie. Period."
Kennedy said the woman told the investigator that she wanted Marzilli to acknowledge that she was touched inappropriately, which Marzilli refused to do.
Kennedy said that in addition to the woman, his office interviewed numerous people involved in the case and shared all the information with authorities.
Marzilli, acting on Kennedy's advice, refused to be interviewed by investigators. Kennedy called the tactic "criminal law 101" and said he tells all his clients not to submit to police interviews.
"It's commonplace for targets of criminal investigation to invoke their rights, and that did not inhibit our ability to conduct a thorough investigation," Ryan said.
The prosecutors' decision not to pursue charges "is exactly what the senator expected because he knew he was innocent of any wrongdoing," Kennedy said. "He has been overwhelmed by the encouragement of his constituents and looks forward to continuing to serve them."
Marzilli, 50, spent 17 years in the House before being elected to the Senate last year.
Michael Levenson can be reached at mlevenson@globe.com. 