Former State Senator James Marzilli Takes A Plea

A judge today sentenced former state Sen. Joseph “Jim” Marzilli to three months in the Billerica House of Correction for his 2008 accosting four women in one day while on official business. Marzilli had been charged with several counts of attempt to commit the crime of indecent assault and battery. Attorney Crouch filed an amicus brief in the case, which was heard by the Supreme Judicial Court, arguing that the Commonwealth sought to prosecute Marzilli for an offense that is not provided for under Massachusetts law. The Boston Herald reports of the case:

Former state Sen. George Bachrach, a longtime friend of Marzilli’s who came to court to support the legislator, said, “Jim Marzilli made a mistake. He’s going to pay for it. Clearly, he became unglued. How else do you explain what happened?”

Kennedy predicted the Arlington Democrat, who is being treated for bipolar disorder and anxiety, will serve less than 55 days of the punishment superior court Judge Paul Chernoff handed down after Marzilli pleaded guilty to the accosting charges, disorderly conduct and resisting arrest.

With his wife looking on in tears, Marzilli also admitted there were sufficient facts for a jury to find him guilty of the felony charge of attempted indecent assault and battery for reaching for the crotch of a nurse’s assistant waiting on a bench for a patient.

That charge threatened up to five years in state prison, but because Chernoff continued it without a finding for one year — rather than declare Marzilli guilty, as assistant Middlesex District Attorney Elizabeth Dunigan pushed for — the disgraced pol will not have to register as a sex offender.

He is, however, on probation for five years effective immediately. Upon his release from jail, Chernoff ordered that Marzilli’s first year of release be spent on a GPS bracelet subject to exclusionary zones to be determined by prosecutors. He must also perform 200 hours of community service.

Unable to secure work for the past three years — “Look him up on the Internet. That’s the end of it,” Kennedy said of his employment possibilities — Marzilli has been doing volunteer work with at-risk Somali children and botanical gardening.

On Kennedy’s advice, Marzilli elected not to address Chernoff. Had he, Kennedy said, “I think he would have apologized — to everybody.”

None of the victims came to court, either, though Chernoff stressed each “should be recognized for courageously coming forward.” Authorities said Marzilli said to one victim: “The sex is sweet, the sex is sweet, you want it and you want to go with me.”

In the city on June 3, 2008, for a function at Federal Fabrics-Fibers, Marzilli approached the women both on foot and in a car over the course of four hours, making lewd remarks about their bodies. They, in return, called him a pervert and told him to spend $20 on a hooker.

The charge of indecent assault and battery is a serious crime in Massachusetts with devastating consequences. If you have questions regarding your case or are already a registered Massachusetts sex offender who wants assistance in reviewing or challenging his or her classification, or to request further information, you need a Boston sex offender attorney. Please contact Attorney Crouch at (617) 441-5111 or email him to set up a free, initial consultation. To request further information please contact us.