BOSTON, June 1, 2016—The state Appeals Court yesterday affirmed the conviction of a Swampscott man who bit off his former business partner’s nose four years ago, Suffolk County District Attorney Daniel F. Conley said.

With its decision yesterday, a Massachusetts Appeals Court panel denied a new trial for KENNETH MICHAUD (D.O.B. 10/8/71), who was convicted of mayhem and assault and battery causing serious bodily injury for the May 2, 2012 incident outside a Revere restaurant.  He was sentenced to three to five years in prison and three years of probation at the conclusion of his 2013 trial.

In his appeal, Michaud argued that the evidence presented to jurors was not sufficient to prove that he had not acted in self-defense when he assaulted the victim, repeatedly punching him in the face and biting off the tip of the man’s nose.  He also argued the evidence did not prove that he had the necessary intent to cause disfiguring injuries to uphold his conviction for mayhem.  The appellate panel, however, rejected both arguments.

“There was powerful evidence that the defendant initiated the attack, remained the aggressor, and beat the victim badly enough to cause disfiguring injuries,” the justices wrote, noting that the level force Michaud exhibited in severing the cartilage of the victim’s nose was sufficient evidence of his intent to maim.

The panel additionally rejected Michaud’s argument that his convictions were duplicative of one another.

“As the jury was instructed, the charge of aggravated assault and battery was based on the defendant repeatedly punching the victim in the face. The conduct underlying the charge of mayhem was biting the victim’s nose. These two acts were factually distinct. Therefore, there is no risk that the defendant was convicted of a greater and lesser offense based on the same conduct,” the justices found.

Prosecutors presented evidence and testimony during a 2013 trial in Suffolk Superior Court to prove that Michaud and his partner in a failed auto sales business met at a Revere restaurant on May 2, 2012, to discuss dissolving the business.  After a verbal argument inside the restaurant, both men walked outside shortly before 11:00 p.m.  The evidence proved that Michaud attacked the victim in an alley behind the restaurant, punching the victim repeatedly in the face, strangling him, and then biting off the tip of victim’s nose.  During the course of the beating, Michaud threatened the victim and claimed to be a member of Hell’s Angels.

A witness to the assault, fearing for the victim’s life as he gasped for air, called 911.

The victim was able to escape the assault and run into the restaurant.  Witnesses testified that the victim suffered visible injuries, but observed no injuries suffered by Michaud.

The victim, who was 43 at the time of the assault, underwent two surgeries to reattach the portion of his nose that had been ripped off and suffered migraines, blurred vision, and dizziness as a result of the vicious attack.

Assistant District Attorney Lauren Greene, currently the DA’s supervising attorney assigned to Dorchester Municipal Court, prosecuted the case at trial.  Assistant District Attorney Matthew Sears of Conley’s Appellate Unit argued the case on appeal.  Michael Coffey was the DA’s assigned victim-witness advocate.  Michaud was represented by Sarah Dolven.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.