BOXFORD — A judge is considering releasing a Boxford man charged with twice trying to kill his wife during a 10-day period last month, including one attack that put the woman in the hospital for five days.
Robert Richardson, 21, of 468 Ipswich Road was ordered held without bail last month by a Haverhill District Court judge, who found that he is too dangerous to release under any conditions.
Richardson and his lawyer appealed that to Salem Superior Court Judge Timothy Feeley, who said yesterday that, while he does agree with the lower court judge that Richardson is dangerous, he might still release him because his wife is now staying in another state.
Prosecutors are objecting to any release, saying they are concerned that the victim — who told Richardson's lawyer that she hopes to work on the marriage with counseling — might be unable to protect herself.
"It's the responsibility of the court to protect victims who cannot protect themselves," prosecutor Melissa Woodard said.
Woodard told the judge that the first incident for which Richardson is charged happened on Oct. 8, when Richardson beat and choked the woman.
Despite that, she did not seek medical attention for two days, until relatives convinced her that her stomach pain might be something serious.
It turned out to be internal bleeding, Woodard said, which left her hospitalized for five days.
While in the hospital, Richardson allegedly took photos of the victim's bruises with a cell phone camera, something Woodard suggested was intended to intimidate her in the future.
And shortly after leaving the hospital, Richardson flew into a jealous rage and attacked his wife again, beating and choking her over his suspicion that she was now having an affair with an orderly at the hospital, Woodard told the judge.
Still, the woman did not call police.
When Richardson woke up the next morning, Oct. 18, and realized that his wife was not in his bed, he went looking for her and found her on the sofa. He grabbed her, but the attack was interrupted by a relative in the home, who called police, the prosecutor said.
Woodard said the woman told investigators that Richardson would regularly put his hands around her throat and often did so while they were intimate, as well. "It's his thing," she said.
Defense lawyer Jessica Thrall argued that much of the evidence used during the original hearing in Haverhill last month would be inadmissible at trial and suggested that the woman would not cooperate in the prosecution, noting she did not show up to testify at the dangerousness hearing last month.
Thrall also questioned the claim that the woman had been choked, noting the lack of marks on her neck.
"I had contact with her," Thrall said. "She doesn't want him held. She wants to work this out through counseling."
Feeley said he would take the issue under advisement and either issue a ruling denying the request to release Richardson or schedule a further hearing next week to determine conditions for his release.
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