EagleTribune.com, North Andover, MA

New Hampshire

November 26, 2009

Methuen man found not guilty of assault

SALEM , N.H. — A Methuen man was found not guilty of assaulting his girlfriend and resisting arrest, but guilty of stalking her and violating a protective order.

Matthew Miranda, 21, testified in his own defense yesterday before the judge delivered the verdict at his bench trial in Salem District Court.

The charges stemmed from a confrontation on Sept. 19 between Miranda and his then-girlfriend, 19-year-old Jennifer Needham of Salem, in the Salem police station parking lot.

Judge John Korbey found that Miranda did not assault Needham during the confrontation, and that he didn't resist when Sgt. Robert Morin arrested him in the parking lot.

Police and Needham testified Monday that Miranda contacted Needham in violation of his bail agreement and protective orders on Sept. 19 and again on Oct. 29, when he showed up at her house. Needham said she would meet him there, but sent the police instead.

Needham testified Tuesday that Miranda threatened to "wrap his hands around" her throat on Sept. 19 in a voice mail, and threatened her life over the phone on Oct. 29. The phone message cannot be retrieved because Needham's cell phone was on Miranda's family plan and his mother shut the phone off on Sept. 19, Miranda testified. He said his family did not cancel the phone to hide the voice mail or to punish Needham.

"She was a part of the family and now she's not," he said.

Korbey found Miranda guilty of one stalking charge from Sept. 19 and one from Oct. 29, as well as the violating a protection order charge on Oct. 29.

Miranda will be held without bail until he is sentenced on Dec. 22.

In his testimony, Miranda said he followed Needham's car through Salem and to the police station because he was angry she was going to the doctor without him. He said he and Needham thought she might have been pregnant.

"I was being ignored," he said.

But Miranda said he did not shove his ex-girlfriend or pull her out of her friend's car in the station parking lot. He said he took her by the arm when she was getting out of the car, and may have touched her wrist to get her attention. He said he kept asking her why she came to the Police Department.

"She was crying mostly," he said. "She wasn't really giving me answers."

While cross-examining Miranda, prosecutor Jason Grosky asked if Miranda was being a "gentleman" and "helping a lady out of the car" when he took Needham by the arm.

"I wasn't physically hurting her," Miranda replied.

When asked for a yes or no answer, Miranda said no.

Miranda did not deny contacting Needham on Sept. 19 or Oct. 29. On Tuesday, Needham testified that she initiated some of the communication between them between Sept. 19 and Oct. 29.

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