Former Selectman Headed to Trial in June on Assault Charge

Former Selectman Keith Lucy will be heading to trial next month in Salem District Court to argue against an assault charge being brought by the Essex County District Attorney's office.

The Salem News reports that Lucy and his attorney Michael Smerczynski (who is also the City Solicitor for Peabody, for the record) have decided to not seek dismissal of the charge after all, but rather argue the case at trial. The trial is set for June 26.

Lucy, who lost his re-election bid to the Board of Selectmen last week, pleaded not guilty at his initial arraignment in November and denies the allegation.

The DA's office took over the case for the alleged victim, John Fratus, after probable cause was found earlier this year. Fratus sought the charge himself (it was not handled by police) and a court magistrate's hearing, it was found there was probable cause to go forward.

The alleged altercation took place in Danvers Town Hall the night of Sept. 6 during the state primary election.

Fratus, a former Town Meeting member who also lost his seat last week, said he was looking at election results with his wife and a friend when an angry Lucy stepped in front of his wife and yelled at her.

Fratus said he moved in front of his wife to intervene and Lucy then swung at him with an open hand an inch from his face.

If Lucy is found guilty on the charge, which is a mismedeanor, it carries a punishment of up to 2-1/2 years in jail or a fine up to $1,000.