ROCKLAND, Maine — A domestic violence assault charge was dismissed Tuesday against a 70-year-old Massachusetts woman, but not before the prosecution argued unsuccessfully that the defendant had not met the terms of an agreement.
Justice Jeffrey Hjelm agreed to dismiss the assault charge against Danielle R. LeBlanc of Peabody, Mass., saying she had met terms of an agreement negotiated last year with the district attorney’s office.
LeBlanc had been charged with the crime as a result of a July 5, 2012, incident in Friendship in which she had struck a domestic partner in the face. She pleaded guilty to the charge in exchange for an arrangement in which the charge would be dropped if she committed no additional offenses over the ensuing year, and if she underwent an evaluation and anger management counseling if recommended after the evaluation.
Assistant District Attorney Christopher Fernald said she had not obtained the counseling in a timely manner as the two sides had agreed she would do, but acknowledged she eventually did get the counseling.
Defense attorney Robert Rubin said, however, that was not the way the agreement was worded. Justice Hjelm agreed and ordered the charge dismissed, saying LeBlanc has met the terms of the agreement.
Fernald said the state originally had agreed to the arrangement for dismissal of the charge because the victim in the case, who also lives in Massachusetts, was not a cooperating witness.