A Quincy police was was charged with domestic assault and battery after allegedly attacking his estranged wife while picking up his daughter for a weekend visit. The officer has been placed on paid leave (Source: The Patriot Ledger).
The attorney for a Quincy police captain charged with domestic assault and battery against his estranged, pregnant wife says Capt. Michael J. Miller “blatantly denies” the allegation.
Quincy attorney Jack McGlone also said Miller’s wife declined to press charges when she first contacted police in Plymouth, where she now lives.
McGlone made those comments Monday, shortly after Miller’s initial appearance in Plymouth District Court.
Miller has been free on personal recognizance since he was charged on Saturday.
Michael J. Miller, 49, of Quincy, was arrested by Plymouth police Saturday afternoon on a single charge of aggravated assault and battery. The assault allegedly occurred Friday afternoon, when Miller went to his wife’s Plymouth apartment to pick up their five-year-old daughter for a weekend visit.
The Plymouth police report says Miller’s wife told police that the captain knew she was standing behind her apartment door when he opened it, and that she was hurt when the door opened. The report also says that Capt. Miller said his wife opened the door, not him.
The police report says Miller’s wife initially declined pressing charges or the police invitation to obtain a restraining order. The report says she took both those actions Friday night, after she was treated and released at South Shore Hospital in Weymouth.
Miller was scheduled to be arraigned Monday morning, but a judge approved a continuance of the arraignment until July 15. Miller swiftly left the courthouse, saying only “I have no comment.”
McGlone said he asked Judge Brian Gilligan for the delay to “do some research” on the Plymouth police report, and indicated he’ll ask Gilligan to dismiss the case.
Meanwhile, Miller is on paid administrative leave until the case is resolved. Quincy Police Chief Paul Keenan said Monday morning that Miller’s gun license has been temporarily suspended, and that police took his gun late Friday night, when officers delivered a temporary restraining order his wife obtained that evening.
He said Miller was cooperative at that time. Miller has been with the Quincy police since 1986.
More info from Boston.com here.
Update (7/19/2013): The charge against Captain Miller has been dropped after his wife refused to testify against him. The Patriot Ledger reports:
A Plymouth District Court judge has dismissed charges against a Quincy police captain accused of assaulting his pregnant, estranged wife.
Plymouth County assistant district attorney Bridget Norton Middleton said prosecutors asked Judge Brian Gilligan to dismiss the charge against Capt. Michael Miller of Quincy at a Thursday morning pretrial session.
Middleton said “there was insufficient evidence to proceed” after Miller’s wife invoked her marital privilege and declined to testify against Miller.
Police Chief Paul Keenan said Miller will return to full duty as a detective captain as of 8 a.m. Friday. His gun license will be reinstated at that time, and he’ll get his gun back.
Miller, who’s 49, has been on paid administrative leave since he was charged July 6. He’s a 25-year veteran on the Quincy force.
“I’ve known Capt. Miller for a long time, and I know his character,” Keenan said. “I reviewed the (case) reports, so this was the outcome I expected.”
Miller’s attorney John McGlone III of Quincy said the captain is looking forward to returning to duty, but that “he’s still disappointed it happened and came to this.”
Gilligan’s ruling brought a quick end to a case that began with Miller’s arrest July 6, the day after he allegedly struck his wife by opening the door to her Plymouth apartment as she stood behind it.
Miller went to his wife’s residence the afternoon of July 5, to pick up their five-year-old daughter for a weekend visit.
The Plymouth police report said Miller’s wife initially declined to press charges or seek a restraining order after she contacted police. She took both those actions after she was treated at South Shore Hospital.
In the report Miller denied that the incident happened.
Prosecutors got a “Rule 17” court order to review his wife’s hospital and ambulance records, to see if there was any other evidence to support an assault charge. Finding none, Middleton said prosecutors filed the motion to dismiss the charges.
McGlone said that’s what he expected to happen.
“Everything backed up what he (Miller) said,” McGlone said.