Trial delayed in Governor's Councilor's assault case

May 1, 2008 01:28 PM Email| Comments (0)| Text size – +

By Christina Pazzanese, Globe Correspondent

The trial of Governor’s Councilor Marilyn Petitto Devaney, set to begin today in Newton District Court, was delayed after her attorney filed a motion to dismiss the case for "vindictive prosecution."

Attorney Janice Bassil, who represented Devaney, said the pursuit of a felony charge against Devaney was unusually aggressive, given the circumstances.

Devaney has been charged with assault and battery with a dangerous weapon after allegedly striking a Waltham beauty supply store clerk with a shopping bag containing a curling iron in April 2007. The offense carries a possible sentence of 10 years in prison.

Bassil said she had reviewed four months of police reports prepared by Waltham police and found 30 incidents similar to the one in which Devaney was involved and not one had resulted in felony charges.

An irritated Middlesex County prosecutor, Sean Casey, objected to the delay, saying everyone involved had expected the trial to start and that seven witnesses were present and ready to testify.

Judge Gregory Flynn said it was "a little late in the game to file this motion.” But he said he was “reluctant” to go ahead and it would be better to have the matter heard first rather than risk having the case overturned on appeal.

Flynn said he couldn’t recall the last time someone had offered such a motion. A hearing on the motion is slated for June 10 in Waltham District Court. The trial was rescheduled for July 31 in Newton District Court.