LYNN — A judge dismissed two assault charges against Saugus Selectman Stephen Horlick after the alleged victim refused to testify at a bench trial Monday.
“The two of them are moving on, and the case is behind them,” Horlick’s attorney, John Burke, said outside the courtroom. Horlick referred comment to his attorney.
Horlick, 52, of 6 Bacon Drive, Saugus, was charged with assault and battery with a dangerous weapon and assault and battery after a woman told police Horlick assaulted her and threw a cell phone at her that hit her in the head Oct. 5, according to court documents.
Police responding the night of the alleged incident noted “there was no evidence that any assault took place,” according to a report by Saugus Police Sgt. Paul Vansteensburg. But the alleged victim went to the hospital early the next morning with “visible injuries which she claimed to have sustained from a past assault,” according to police.
When called to testify at Horlick’s bench trial in Lynn District Court Monday, however, the alleged victim invoked her Fifth Amendment rights against self-incrimination. She told the judge that, although she did not have an attorney present, she had discussed the option with an attorney.
Assistant District Attorney Katelyn Giliberti told Judge Ellen Flatley the commonwealth could not prove the case against Horlick without the alleged victim’s testimony.
Flatley ruled the case dismissed. But she said the charges could be filed again if the commonwealth found new evidence.
Horlick and the alleged victim left the courthouse together.
Cyrus Moulton can be reached at [email protected].
