In re Balliro

899 N.E.2d 794, 453 Mass. 75, 2009 Mass. LEXIS 12
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 15, 2009
StatusPublished
Cited by6 cases

This text of 899 N.E.2d 794 (In re Balliro) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Balliro, 899 N.E.2d 794, 453 Mass. 75, 2009 Mass. LEXIS 12 (Mass. 2009).

Opinion

Spina, J.

The present bar discipline matter is before us on a reservation and report, without decision, from a single justice of this court. The respondent, Fawn Balliro, is an assistant district attorney in Massachusetts and was the victim of a domestic as[76]*76sault in Tennessee in 2005. The Board of Bar Overseers (board) has recommended that she be given a public reprimand, with conditions,1 for testifying falsely under oath at the criminal trial of her assailant. At issue is the appropriateness of that sanction given the unique factual circumstances underlying the respondent’s misconduct. For the reasons that follow, we conclude that a six-month suspension from the practice of law is the appropriate disciplinary sanction.2

1. Background. The following facts are drawn from the findings of a majority of a hearing committee, which were adopted unanimously by the full board. See Matter of Brauer, 452 Mass. 56, 57 (2008). We have supplemented the hearing committee’s findings with undisputed facts contained in the record on appeal. See id.

The respondent was admitted to the practice of law in this Commonwealth on April 7, 2004. In March, 2004, while working as a law clerk for a Federal judge in Nashville, Tennessee, she began a romantic relationship with Greg Knox. In August, 2004, the respondent moved to Massachusetts to start a new job as an assistant district attorney.

The respondent returned to Tennessee in January, 2005, to spend a long weekend with Knox. On a Saturday evening, they went out for dinner and drinks with another couple. While at a bar, the respondent had a brief conversation with another man, causing Knox to leave the bar. The respondent could tell that he was angry, she followed him outside, they exchanged words, and he knocked her to the ground. Knox then walked back to his apartment. Very upset, but with no visible injuries, the respondent was given a ride to Knox’s apartment by a passing police officer. When she arrived, the respondent found the door unlocked and Knox in the shower, fully clothed. A “screaming match” ensued, and the respondent knocked some items off a dresser. Knox pinned her to the bed and repeatedly punched her while she. yelled for help. She thought that she was going to die. The [77]*77respondent suffered injuries to her head and face, including a black eye and cuts to her lips.

Two police officers were dispatched to Knox’s apartment in response to a report of a woman screaming for help. When they entered, they saw that the apartment was in disarray. According to the police, the respondent appeared intoxicated, had visible injuries to her eye and mouth, and was crying. She told the officers that she did not want to press charges and did not want to make a statement. The respondent told Knox not to talk with the police, and she asked the officers to leave. They handcuffed the respondent and told her that she was under arrest for disorderly conduct and obstruction of justice. The officers then removed both parties from the apartment and separated them. The respondent began to cry again. She denied that Knox had hit her and said that she had been assaulted while walking home, whereupon the officers removed the handcuffs.

The police officer who had driven the respondent to Knox’s apartment arrived on the scene and informed the other officers that the respondent had been uninjured when he saw her. The respondent did not allow herself to be photographed, and she refused to sign the police report of the incident. She also told the officers that she did not want to press charges against the person who, she said, had assaulted her on her way home from the bar. Knox was arrested, taken to jail, and charged with two counts of misdemeanor domestic assault. The next morning, the respondent secured Knox’s release on bail, and the two reconciled. Knox had never been violent with the respondent before this incident, and he was not violent after it.

At the end of the long weekend, the respondent returned to Massachusetts. She told only her younger sister about the incident, and when asked at work about her injuries, she said that she had hit her head on the dashboard of her car.

Two or three weeks later, Knox visited the respondent. He informed her for the first time that he was on probation for drug charges, and that if he violated his probation he would go to jail. Knox further told the respondent that he did not know who would support his two minor daughters if he went to jail because his former wife was not employed. At some point after this visit, Knox’s attorney telephoned the respondent and told her that, un[78]*78like a number of other defendants charged with domestic violence, Knox was not being offered the option of pretrial probation and counselling in exchange for the eventual dismissal of the charges. The respondent concluded that, if convicted, Knox would be incarcerated. She then created a story about falling and injuring herself, which she told to Knox’s attorney. After this conversation, the respondent received a telephone call from a victim witness advocate in Nashville. The respondent asked the advocate to tell the assistant district attorney that she did not want to press charges against Knox. The advocate did not advise the respondent to seek independent counsel.

In March, 2005, the respondent received in the mail a summons to testify at Knox’s trial, and although she did not want to do so, the respondent believed that the summons obligated her to appear. The respondent did not consult an attorney (or anyone else) because she was embarrassed about the whole incident. Moreover, she did not expect that she actually would have to testify.

The trial was held on April 21, 2005, in a Court of General Sessions in Nashville. The assistant district attorney on the case had not yet been admitted to the Tennessee bar, but was prosecuting cases under special supervision, and he had received no formal training in handling victims of domestic violence. The respondent told him that she did not want to press charges or testify against Knox. When the prosecutor told her that it was not possible to drop the charges, the respondent told him that she had fallen and hurt her face. The prosecutor told her that he thought she was lying, that she had been beaten, and that she would have to testify. He did not advise her to obtain counsel. The prosecutor proceeded to call as witnesses the respondent and at least one of the police officers who had gone to Knox’s apartment in the aftermath of the January incident. At the time of her testimony, the respondent felt responsible for triggering Knox’s assault, felt guilty over the possibility that Knox’s children would be left without support, and wanted the entire matter to go away. Consequently, the respondent testified under oath that she had injured herself by falling on a piece of furniture in Knox’s apartment.

■ At the conclusion of the trial, the charges against Knox were dismissed, and the respondent returned to Massachusetts. In [79]*79December, 2005, a Tennessee district attorney wrote to the Massachusetts district attorney in whose office the respondent worked and informed her about the respondent’s false testimony. Shortly thereafter, two of the respondent’s supervisors met with her, informed her that they were concerned her conduct could be an ethical violation, suspended her from her job, and advised her to obtain legal counsel, which she did.

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899 N.E.2d 794, 453 Mass. 75, 2009 Mass. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-balliro-mass-2009.