BOSTON, May 2, 2016—The Massachusetts Appeals Court today reversed a municipal court judge who had dismissed a stalking charge against a domestic violence defendant over prosecutors’ objections, Suffolk County District Attorney Daniel F. Conley said.

The Appeals Court reinstated that charge and reversed an additional order by the judge reducing a count of assault and battery with a dangerous weapon in the Roxbury Municipal Court case against PARISSE ODOM (D.O.B. 9/12/82), accused of beating a woman and making dozens of phone calls to her on Oct. 26, 2014.

“Our appellate prosecutors don’t just address post-conviction claims,” Conley said. “They also assist our trial teams in pending cases every day. In this case they were critical in correcting a judicial error and ensuring that an alleged abuser will face charges appropriate to the facts.”

Odom filed a motion to dismiss the stalking charge on the grounds that it was not supported by three previous acts of harassment. The judge granted that motion, and prosecutors appealed his decision.

“Contrary to the defendant’s argument that the evidence supporting the complaint reflected at most two incidents on a single day, the persistent and numerous telephone calls following the initial assault and battery are sufficient to support probable cause of the requisite multiple acts of harassment for a charge of stalking,” Justices Mark Green, Joseph Trainor, and James Milkey wrote.

On his own initiative, the judge also reduced a charge of assault and battery with a dangerous weapon – incurred when Odom allegedly slammed the victim against a brick wall and ripped an earring from her ear – to assault and battery, on the grounds that it “smacks of overcharging.”

Prosecutors appealed that decision, as well, and the Appeals Court reversed it.

“It is unclear whether the judge viewed the evidence as insufficient to furnish probable cause that the defendant’s act of slamming the victim against the building used the building as a dangerous weapon, or whether the judge thought the evidence, though sufficient, did not warrant the more serious charge,” the justices wrote. “If the former, the ruling was plain error of law …. If the latter, the ruling was in excess of the judge’s constitutional authority.”

The victims of any crime, including domestic violence, should call 911 in an emergency. SafeLink, a statewide DV hotline, can be reached at 877-785-2020. SafeLink is answered by trained advocates 24 hours a day in English, Spanish, and Portuguese, as well as TTY at 877-521-2601. It also has the capacity to provide multilingual translation in more than 140 languages.

Assistant District Attorney Anna Lusardi is prosecuting the underlying DV case. Assistant District Attorney Zachary Hillman argued the Commonwealth’s appeal. Odom will return to court on May 27.

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