Filler’s 14-year-old son also testified Thursday afternoon. The teenager said his father and mother argued frequently before they separated but said he never saw Filler strike his mother.
The boy testified that, during the December 2005 argument during which Filler allegedly twice threw water from a cup into his mother’s face, he saw his mother strike Filler in the face. He said he never saw his father throw water on his mother. The boy was 9 at the time.
When Cavanaugh asked the boy why he waited more than a year to tell anyone about seeing the altercation, the boy shrugged.
“I was just a kid,” he said. “I didn’t want to bring attention [to it].”
When asked by Cavanaugh if he loved his mother, the boy said, “Hard to say.” The boy added he had not seen his mother since his parents’ divorce proceedings were held in November 2009.
Immediately after the state rested its case Thursday morning, Smith moved to have the charges dismissed. His request was denied.
Smith told Justice Robert Murray in the judge’s chambers that the case should be dismissed because there is no physical evidence to support the sexual assault allegation against his client. Smith added that Filler’s wife testified her memory was unclear about the alleged physical assaults and, though there was testimony about Filler’s wife having a bruise around the time of the second alleged assault, there has been no clear evidence introduced at trial about how she got that bruise.
“This is a person who has problems with reality,” Smith told the judge. “I would suggest to the court that her credibility is suspect.”
Cavanaugh, in a brief response to Smith’s motion, said the state supreme court already had reviewed the allegations against Filler and declined to dismiss the case. Cavanaugh added that the Law Court has ruled that allegations without physical evidence are enough to bring charges against alleged perpetrators.