Marzilli Trial Date Not Set Tuesday

The hearing scheduled for former state Senator Joseph James Marzilli today was postponed to a later date after the Judge in Lowell was unavailable.

Last month, the State Supreme Court unanimously rejected former State Senator Joseph James Marzilli's attempt to have the assault case against him thrown out.

Marzilli, who is charged with attempted indecent assault and battery on a person over age 14, was a long time lawmaker in Arlington and Lexington who left in the Fall of 2008 after being indicted on seven counts, including accosting four women, disorderly conduct, and resisting arrest as well as the assault charge.

Marzilli's lawyers, including attorney Michael Ford argued that "assault and battery" must involve touch and that Marzilli never touched his victims; therefore, it must be thrown away.

In the decision, Chief Justice Margaret H. Marshall wrote for the court: "attempt to commit indecent assault and battery is a sex offense for purposes of the sex offender statute…  The fortuity that the defendant failed in his attempt to complete a crime does not absolve him from responsibility for it."

In 2009, prosecutor Elizabeth Dunigan said that if Marzilli pled guilty, she would recommend his punishment be one year in jail and four years of probation.

Lowell police arrested Marzilli in 2008 after he allegedly made indecent sexual advances to four different women.

In a statement, Middlesex District Attorney Gerry Leone said: "We are pleased that the SJC agrees with our position that the defendant's alleged intent and actions toward the female victim in this case are certainly criminal.  We will now proceed with the case against Mr. Marzilli on behalf of the victim."

Judge Tuttman was held on Grand Jury matters today, said Jessica Pastore in Leone's office on July 6. "We hope to be able to get a trial date set as soon as possible."

As of now, no rescheduled date has been announced.