A veteran Quincy police captain accused of assaulting his estranged and pregnant wife was arraigned Monday morning at Plymouth District Court.
Michael Miller is facing a single count of aggravated assault and battery after he went to his wife’s Plymouth apartment to pick up their five-year-old daughter and allegedly hit her stomach as he opened the apartment door.
But according to the Plymouth County District Attorney’s office, Miller’s wife doesn’t want to move forward with the charge and will refuse to testify if asked, claiming her marital privilege.
Miller’s attorney, Jack McGlone, is hopeful the case will be dropped. “The question is, ‘Can the Commonwealth go forward without her?’ Our position is they can’t. The first glance at it right now is that the D.A’s office doesn’t think they can go forward either but it kind of depends on what comes in the medical records. So, I don’t want to get too optimistic but it looks like, as of Thursday, the case will be dismissed,” said McGlone Monday outside of the courtroom
Miller’s wife was treated at a local hospital after the incident so the D.A’s office is asking for all medical records but McGlone doesn’t think they’ll help the prosecution’s case against Miller. “There were no injuries, the baby was not harmed, there’s no red marks—so I feel confident with that but I don’t know what she said so that’s what the question is,” said McGlone
A pretrial hearing has been scheduled for Thursday.