Marzilli has bipolar disorder, lawyer says
Senator accused in groping case
LOWELL - A lawyer for state Senator J. James Marzilli Jr. said yesterday that his client has been diagnosed with bipolar disorder, but he declined to provide any medical specifics.
Speaking after Marzilli's arraignment in Lowell Superior Court, lawyer Terrence W. Kennedy of Everett would not say when Marzilli was diagnosed or discuss how the condition might be related to charges that he groped four women last month in downtown Lowell.
"I've confirmed that he has been diagnosed with a bipolar condition," Kennedy told reporters without elaborating.
Wendy Murphy, a lawyer representing an Arlington woman who told authorities she was groped by Marzilli in a separate case, said any medical condition is no excuse for the alleged criminal actions.
"A lot of people have bipolar disorder, and they don't hurt others," said Murphy. "And they certainly don't assault women in a sexual way, especially in such a prolific sexual way in the course of several years. If he thinks that's somehow justification for his behavior, he's wrong."
At his arraignment, Marzilli stood before Judge Paul A. Chernoff with his hands folded. He pleaded not guilty to charges of annoying and accosting a person of the opposite sex, attempting to commit indecent assault and battery, disorderly conduct, and resisting arrest.
A Middlesex County grand jury indicted Marzilli on the charges July 1.
Kennedy vowed to fight the accusations, questioning their factual and constitutional basis.
He told reporters before the arraignment that he has been told that one of the victims who initially accused the Arlington Democrat of groping her did not support the allegation during grand jury testimony.
He said he expects to file a motion asking the judge to dismiss the most serious charge, indecent assault and battery.
Kennedy said he also expects to challenge the constitutionality of the charges of annoying and accosting people of the opposite sex on the basis that they would not apply to people of the same sex who might engage in the identical offense.
"There will be a number of motions to dismiss that I anticipate will be successful," Kennedy told reporters after the hearing.
The state senator left the courthouse without speaking to reporters.
He walked hand in hand with his wife, Susan Shaer, who is executive director of Women's Action for New Directions, an antiwar group.
They got into a white
Marzilli is scheduled to return to court July 28.
The veteran lawmaker is accused of attacks occurring over four hours on the afternoon of June 3.
Marzilli was detained that day after leading police on a foot chase. Days later, he checked into McLean Hospital.
Marzilli has been free on $1,500 cash bail since pleading not guilty at an arraignment in Lowell District Court on June 4.
Chernoff agreed yesterday to transfer the bail to superior court under the condition that Marzilli stay out of Lowell and have no contact with the four alleged victims.
Marzilli, who served for 17 years in the House before being elected to the Senate in a special election last year, has said he will not run for reelection this fall.
He was facing two Democratic opponents and had been considered certain to win the seat.
Christopher Baxter can be reached at cbaxter@globe.com. 