James Marzilli Will Have His Day in Court

Yesterday, 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."

The next step is a status hearing on July 6 at Middlesex Superior Court. "We do expect a hearing to be set at that time," said Cara O'Brien in the Middlesex DA's office.