Lynn man accused of strangling woman; alleged victim recants

LYNN – A judge found a city man to be dangerous and ordered him to stay away from and not contact a woman who told police the defendant strangled her.But although police reported seeing hand marks on the alleged victim’s neck, the woman appeared in court Tuesday and recanted her allegations.Teofilo Hernandez, 21, of 9 Chase St., was arrested and charged with assault and battery on a family/household member; witness intimidation; and strangulation or suffocation; at 11:35 p.m. Monday. He pleaded not guilty to the charges Tuesday in Lynn District Court.Police reported responding at approximately 10:45 p.m. Monday to a Franklin Street grocery store where the barefoot and crying alleged victim ran out to the cruiser, Lynn Police Officer Gregory Brotherton wrote in a report.The alleged victim told police she had confronted Hernandez about his cheating on her (which he denied) and told him she wanted to leave with their child, according to police. The alleged victim told police Hernandez then grabbed her by the throat and strangled her as she tried to call police, according to court documents.Hernandez then allegedly threw the woman to the floor and took her cell phone. Police noted they saw “hand marks” on the alleged victim’s neck.Police were able to trace the alleged victim’s phone to a French Street home where they found Hernandez and the couple’s child, according to court documents. The alleged victim, however, told police she didn’t want Hernandez arrested, police reported.Essex Assistant District Attorney Erin Bellavia acknowledged in court that the defendant had no criminal record and that the alleged victim was denying that anything happened. But Bellavia filed for a dangerousness hearing and requested that Hernandez be found a danger to the alleged victim and be held without bail pending trial.”The police don’t say she has red marks, don’t say she has bruising, they say she has hand marks on her neck,” Bellavia said. “I know she’s here today recanting, but as your honor is aware, relationships are very fluid, she could decide she wants to go forward tomorrow.”But defense attorney Patrick Callahan questioned what police meant by “hand marks,” and he said nothing was visible on the alleged victim’s neck Tuesday.”What is a hand mark without bruising or redness? Unless maybe a person has ink on his hands…” Callahan asked.He requested the defendant be released on personal recognizance as the alleged victim had recanted.”If this case were on for trial today, it would be dismissed for a lack of prosecution,” Callahan said.Judge James LaMothe noted the case was not on for trial Tuesday but did not agree the defendant should be held without bail. LaMothe found Hernandez to be a danger and ordered the defendant to stay away from and have no contact with the alleged victim. When Callahan noted the couple lived together with family and it might be difficult for them to have no contact, LaMothe stated, “he’s lucky he’s not going to jail.”Hernandez is scheduled to return to court Sept. 25.