Recent Successes

Judge throws out gun found during illegal search of home

Docket No. SUCR2013-11184. A Suffolk Superior Court judge allowed a Motion to Suppress Evidence filed by Attorney Austin J. Freeley in connection with a search of a shoe box in a man's bedroom. Prosecutors argued that the search of a shoe box was justified because the man was fidgeting and nervously looking in the direction of the box during his arrest on an outstanding default warrant. Attorney Freeley argued that the search was not justified as either a search incident to arrest or a protective sweep.

Jury clears man of Operation Under the Influence (OUI)

Docket No. 1332CR1447. A jury in Fall River District Court acquitted a man for OUI after he was stopped for traveling 100 mph on Rt. 195. He submitted a breathalyzer reading of .12 BAC. Prior to trial, Attorney Austin J. Freeley was able to have the court exclude the breath test results.

Family of man who seriously injured himself in police custody receives $3,750,000.00

Case Name Withheld. The family of a man who seriously injured himself in police custody settled all claims against a municipality and its officers, along with claims against an Emergency Department physician for a total of $3.75 Million. During 10 days of trial in the United States District Court of Massachusetts, Attorney Freeley, Esq., had produced substantial evidence showing that the conduct of the municipality and its police officers in failing to properly supervise the inmate constituted "deliberate indifference" to his health and safety, resulting in his injuries. According to Attorney Freeley, the $1.75 Million settlement with the municipality represents the largest civil settlement in the city's history.

Woman injured by a log splitter receives settlement of $137,500

Docket No. 2009-01014. A woman who sustained a partial amputation of her left index finger while operating a log splitter settled with the manufacturer and the distributor of the machine for $137,500. Attorney Austin Freeley alleged that the machine was unreasonably dangerous in that the log splitter in question was not equipped with adequate safety devices to eliminate foreseeable dangers associated with splitting logs by hand. The defendants disputed that the machine was dangerous, and contended that the woman was not careful and that she caused her own injuries. Following a full day of mediation, the parties reached a confidential settlement.

Woman Injured in a car crash with drunk driver receives $100,000

Case Name Withheld. A woman who sustained cervical injuries in connection with a collision with a drunk driver, settled her claims with the operator for the policy limits of $20,000, whereupon she brought a claim pursuant to her own underinsured motorist coverage for the maximum available coverage of 80,000. Attorney Austin Freeley was able to reach an agreement with the insurance carrier without resorting to litigation.

District Court Judge suppresses all drugs found during illegal search of vehicle

Docket No. 1205CR0546. An East Boston District Court judge suppressed all drugs found in locked glove box of a car. According to Attorney Austin Freeley the man's vehicle was stopped solely because he went into a known drug location and returned a short time later. He was then immediately confronted by four officers, and supposedly gave "consent" to search him and his vehicle. The Court agreed with Attorney Freeley that the consent not voluntarily given, and ordered suppression of all the drugs.

Suffolk County Jury returns 'Not Guilty' verdicts against a man charged with Armed Robbery and ABDW

SUCR2010-10259. Jury returned 'Not Guilty' verdicts against an East Boston man charged with Armed Robbery and Assault and Battery by Means of a Knife. According to the prosecution, this was a retaliation assault for an incident in which victim allegedly threw rocks at the defendant's property. During the trial, Attorney Austin Freeley established that none of the witnesses were able to identify defendant as the stabber, although there were some pretrial identifications made that put defendant at the scene with another male.

Woman receives $50,000 from Restaurant Manager who inappropriately touched her at work

Case Name Withheld. A woman working as a bartender received a settlement of $50,000 in connection with claims of sexual harassment against her manager brought by Attorney Austin Freeley. According to Attorney Freeley, the manager partially pulled down her pants at work and made an obscene statement. The restaurant agreed to settle the case prior to the initiation of litigation.

Middlesex Superior Court Jury finds bus driver 'Not Guilty' of sexually assaulting female college student

Docket No. MICR2004-1379. A Middlesex Superior Court unanimously declared a school bus driver at local college 'Not Guilty' of sexually assaulting a female student. The matter was originally featured on successive evenings of the Fox 25 News. The bus driver had steadfastly maintained his innocence. The student victim testified that he grabbed her crotch and breast when the two were having a cigarette down in the employee break room, which was off-limits to students. However, the twelve person jury did not find her credible. Upon cross examination by Attorney Austin J. Freeley, it was revealed that the student victim had provided inconsistent versions of the alleged event to school and police officials. It was also disclosed that she was failing out of school and that her mother was threatening to cut off financial assistance at the time of these allegations. After the verdict, the defendant praised the jury for their careful review of the evidence.

$350,000 settlement reached between sex assault victim and prominent businessman

Case Name Withheld. Attorney Austin J. Freeley obtained a settlement of $350,000 on behalf of an unnamed young woman against an unnamed businessman. The woman claimed that the man inappropriately touched and kissed her during a business conference. The parties were able to reach a prompt and strictly confidential settlement without resorting to litigation.

Norfolk Superior Court Judge rules that police violated constitutional rights of a Braintree man charged with a mandatory 15-year drug trafficking offense

Docket Nos. 108733-39. A Norfolk Superior Court Judge ordered the suppression of over 170 grams of cocaine seized from a Braintree man's apartment, finding that the police conducted an improper 'consent search' of the man's apartment. The offense of trafficking in excess of 150 grams of cocaine carries a mandatory minimum sentence of 15 years in prison. Attorney Austin J. Freeley argued that the cotenant at the apartment did not give lawful consent to the search even though police obtained a written authorization from her following the search. The Court agreed and allowed the suppression of the cocaine as a sanction to police for their unlawful conduct.

53 year-old Blackstone woman who tripped down stairs receives $80,000 in settlement with homeowner

Docket No.WOCV2005-01489. A Blackstone woman who tripped down the rear stairway to her apartment while taking out the trash received a settlement of $80,000 from the landlord's insurance carrier. The woman sustained a fractured ankle from the fall. Attorney Austin J. Freeley argued that the fall occurred because the stairs were not in compliance with existing building codes. The parties were able to reach a settlement prior to trial.

Suffolk Superior Court Jury awards $37,000 to two inmates assaulted by correction officers at M.C.I. Shirley

Docket No. SUCV1998-02900. A Suffolk Superior Court jury awarded $37,000 to two prisoners beaten by correction officers at MCI Shirley Medium Security Prison. The two inmates were not fed breakfast and began yelling and banging on their cells, demanding to be fed. In what Attorney Austin J. Freeley categorized as a 'retaliatory beating,' the two men were stripped naked, beaten, handcuffed, and thrown out of their cells. One of the men sustained chipped teeth along with numerous contusions about the body while the other inmate's ear was physically torn from his head. The correction officers insisted that they were conducting routine cell searches for weapons in the aftermath of a riot. The jury returned the verdicts against the correction officers after 2 days of deliberation and the Court added an award of prejudgment interest to the verdicts.

College Student acquitted of assaulting a Boston Police Officer

Docket No. 0802CR01116. A Roxbury District Court Jury acquitted a 21 year-old Northeastern University college student of assaulting a Boston Police Officer. Police officers responding to a college party were forced to remove one young man, who was noncompliant with their requests for information. He was asked to remain outside, even though it was extremely cold outside and he had no jacket. He remained outside for several minutes and repeatedly banged on the door. The man was placed under arrest for assault and battery by means of a dangerous weapon and disorderly person after he accidentally struck the officer with the door as he attempted to gain reentry into the apartment. The judge allowed defendant's motion for a required finding of not guilty on the outstanding 'disorderly conduct' charge. Attorney Austin J. Freeley produced weather reports that showed that the temperature that evening was approximately 12 degrees Fahrenheit and the young man was simply trying to get inside from the cold.

Chelsea Jury acquits Boston man of assaulting his girlfriend's husband

Docket No. 0105CR0117. A Boston man accused of swinging a flashlight and striking another man was found 'Not Guilty' in Chelsea District Court. The victim claimed that he was hit by defendant with a giant flashlight while he was sitting in the passenger side of a truck. The driver of the truck also testified against the defendant. Through cross-examination, Attorney Austin J. Freeley established that the victim's recollection of events was confused, and that he had an obvious motive to fabricate this story since the defendant was sleeping with his wife. The jury returned with a not guilty verdict after less than one hour of deliberation.

Jury finds Winthrop man charged with OUI 'Not Guilty'

Docket No. 0205CR0996. Defendant was charged with OUI-drugs and operation after suspended license. Witnesses reported that a blue sedan crashed into a car then fled the scene of the accident. Police found defendant in the car about an hour later, passed out behind the wheel. Defendant admitted to taking prescription drug, Alorazapam. Mr. Freeley argued that the Commonwealth did not prove that the drug was a narcotic drug, or one of the prohibited drugs under the statute. Jury found the man 'Not Guilty' on all charges.

East Boston man defeats ex-girlfriend's allegation that he violated 209A order

Docket No. 0005CR1886. Defendant was charged with violation of restraining order by his ex-girlfriend, who stated that she saw defendant walking down the street while she was in her car with her daughter. At trial, the victim changed her story upon learning that the defendant's attorney, Austin J. Freeley, had obtained the child's school records (which indicated she was at school at the time of the alleged offense). Mr. Freeley requested and was given a mistrial because the Commonwealth did not comply with its obligation to provide counsel with the correct version of events prior to trial. Retrial was barred because of prosecutorial misconduct resulting in the procurement of a mistrial.