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Lucy's Attorney to Seek Dismissal of Assault Charge

Selectman Keith Lucy has been charged with assault in connection to an incident at Town Hall last September.

The attorney representing a Danvers Selectman facing an assault charge says his next move will be to ask a judge to dismiss the charges.

Keith Lucy, a member of the Danvers Board of Selectmen, is facing a charge of assault after an alleged altercation in Danvers Town Hall on primary election night on Sept. 6.

The alleged victim, John Fratus of Appleton Street, sought the charge himself and it was not handled by police. He went to court and after a magistrate's hearing it was found there was probable cause to go forward.

Fratus said he was in Town Hall looking at results on election night when Lucy allegedly stepped in front of his wife, Frances, and resident Julie Curtis.

“He was red in the face and looked angry,” Fratus wrote in a statement of facts that was submitted to the magistrate.

As Lucy allegedly yelled at Frances Fratus, John Fratus said he stepped in front of Lucy to stop him from yelling at his wife.

Later, Lucy allegedly “swung his open hand within an inch of my face,” John Fratus wrote.

Lucy pleaded not guilty after his arraignment in November. The assault charge is a misdemeanor that carries a punishment of up to 2-1/2 years in jail or a fine up to $1,000.

Lucy had a pre-trial hearing in Salem District Court last Friday. Fratus was initially represented by Peabody attorney John Slattery but after probable cause was found, the case is now being handled by the Essex County District Attorney's office. The District Attorney's spokeswoman, Carrie-Kimball Monahan, said Lucy is scheduled to return to court on March 1 for a motion to dismiss hearing.

Lucy's attorney, Michael Smerczynski of Peabody, said on Tuesday the exact basis for the request for the dismissal has not be submitted to the court.

"I have not yet prepared the motions," Smerczynski said.

He said he would also file a motion to remand, meaning he would ask a district court judge to remand it to another clerk for a new magistrate’s hearing.

Gimmeabreak January 16, 2013 at 12:07 PM
Although Lucy's alleged behavior was unprofessional, how can stepping in front of someone, "looking" angry and "mock" slapping be construed as assault? Really?
Robert O'Brien January 16, 2013 at 12:49 PM
Need,s anger Managment at a bare minimum......
Saber Walsh January 16, 2013 at 02:25 PM
Maybe I'm old fashioned, but I just don't get this. What I'm seeing described could be "poor sportsmanship," or rude behavior, but in the old days we treated each other to more direct methods of confrontation and often walked away best friends. Does this really need the attention of the state and our court system when nobody was touched and there seems no alleged threat? I guess you had to be there.
Robert O'Brien January 16, 2013 at 05:10 PM
Lucy is a punk......Need's to learn some old fashion manners then....and control his childish temper. Otherwise this sort of thing will continue to follow him. I will think long and hard next time I cast my vote if he does not square himself away.
kathleen January 16, 2013 at 05:37 PM
Didn't he have a problem before with following parking rules at Endicott Park?
Chris Dembowski January 16, 2013 at 06:49 PM
I think the district attorneys office has bigger problems than this "waste of time" case, why don't we let them concentrate on real problems in the commonwealth, not a "he looked at me the wrong way, lets take him to court" case!
Pat Wilson January 17, 2013 at 09:50 AM
Lucy has a long history of bullying and anger issues. It started months into his first election when he bullied a Park Explorer at Endicott Park. He had to publically apologize and was reprimanded by the States Ethics Committee. I know, I was close to some involved. Since then he has had numerous outbursts and public apologies. He had to apologize when he swore at other selectmen in open public meetings. From his chair he has yelled at most of the school committee members, private citizens, numerous town hall employees, and other board members. It will be easy for the DA to prove a pattern of anger. Many people will stand in line to recount their experiences. And before you discount this as simply “rude behavior” or “overreaction”; tell me, when is it EVER acceptable for a Selectman of the Town, in Town Hall, to scream at an elderly woman to the point her husband had to protect her, and then get yelled at, and swung at, himself. Tell me how that is proper behavior. Lucy should resign, and the other Selectmen should stop protecting his behavior..
Pat Wilson January 17, 2013 at 09:54 AM
So you will be ok if I start yelling at your elderly grandmother in public, and when your grandfather steps in to protect her I yell and "mock swing" at him? Lucy is more than 6 feet tall an in his early 40's. The victims are both in their 70's and no taller than 5'5". IF I were the DA I would add on "Elder Abuse".
Jim January 17, 2013 at 04:33 PM
Ahhhh...the only word I can think of right now is Karma. This is a person that sits in a press box at a baseball field and spit sunflower seeds on the heads of grandparents. threatened 18 year old kids, and called the police saying he was a victim. I don't know how an educated town like Danvers could elect such a disrespectful person. He gives the republican ticket a bad name. Vote people...do you really think with this guy's history that he will not keep acting the way he has for years? are you going to keep allowing it until he finally hits someone? I'll tell you one thing...I wish he had swung at me that day in July...but i don't fit the description...70 years old and frail. Vote people.
Dan Kennedy January 18, 2013 at 12:07 AM
I have no knowledge of what happened between Lucy and Fratus. This is just FYI. Fratus accused Lucy of "simple assault," which does *not* involve striking or even touching someone. (That would be assault and battery.) Here is the definition: http://legal-dictionary.thefreedictionary.com/Simple+assault
Robert O'Brien January 18, 2013 at 02:25 AM
Get real.....the guy has issues. Drugs or Drink....one or the other. Recall vote is what is needed...Rid the town of the low life.
Pat Wilson January 18, 2013 at 06:36 PM
Guess who is up for re-election in May. Do you think he will drag on and postpone, and postpone until after the election? Don't worry Mr. Lucy, we will make sure friends and neighbors are well aware of your history. This is a DA indictment. A criminal matter. You owe it to the Citizens of Danvers to resign now.

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