Hear the word “rape” mentioned, and people get very leery. Hear the words “child sexual abuse” mentioned, and you could sometimes start a lynch mob against the person accused. Some of these public attitudes are justified, but very often they aren’t. This is especially true when it comes to accusations made by young children often coaxed out of them by caring, friendly, and often overly suggesting – investigators. In my view as a Dedham, Massachusetts sex offenses attorney, the worst of this was witnessed in the famous Fells Acre Day Care case in the mid-1980’s.
So it was reinforcing to see that a young man who had been arrested and accused of a Massachusetts sexual offense against an 8 year-old girl, was exonerated recently by a grand jury who had been asked by Plymouth County District Attorney Timothy Cruz to indict him on charges of sexually abusing the girl. The girl reportedly told police that Kevin Treseler, 21, a Millis resident and Stonehill College student, had put his hands down her pants while working as a tutor at the Brockton elementary school she attends. Medical personnel who examined the girl found evidence that she had been sexually molested, but it was unclear who molested her or when. After the Plymouth County grand jury refused to indict Treseler, prosecutors moved immediately to dismiss all charges against him.
Held in secret and where the defendant’s attorney is not allowed, grand juries hear testimony from a prosecutor to decide if there is sufficient evidence to believe someone has committed a crime. An indictment from a grand jury clears the way for a trial in the Superior Court. Treseler’s lawyer, said the district attorney’s move not to prosecute his client was, understandably, an enormous relief for Treseler and his family, commenting “He’s a beautiful kid, he really is. He had a tremendous amount of support from his friends and family when we were in court last week, over 20 friends and family members, which is unheard of for a (routine hearing),” said Michael Doolin. “It speaks to what kind of young man he is and what kind of family he comes from.” Bridget Norton Middleton, a spokeswoman for Plymouth County District Attorney Timothy J. Cruz, defended the decision to arrest Treseler before seeking an indictment. She noted that a clerk in district court heard evidence from police before issuing a warrant for Treseler’s arrest on March 21. On a legal level, that’s hardly impressive. Hopefully, this person can go on with his life. Given the public nature of these charges, it won’t be entirely easy.
This is the kind of story I tell when some people ask me how I can defend people who are accused of horrible crimes. “Because that person may be innocent of the charges, that’s why. I then ask one more question.: Would you want an experienced Massachusetts criminal defense lawyer defending you if you were accused of a crime – or should we just assume you’re guilty because the police say so, lock you up and throw away the key?”
This can happen a lot more than most people think . If you or someone you care about has been charged with rape or a Massachusetts rape or Massachusetts sex offense, contact our office for a free consultation. We are extremely experienced – and quite successful – at defending these types of charges. Whatever you do, don’t hire a generalist or an attorney who doesn’t have years of proven success with these types of cases.