Jim Marzilli

The Supreme Judicial Court today rejected an argument by former Arlington state Sen. James Marzili that he should be free to go on charges he tried to grope several women in Lowell in 2008.

Marzili, whose lawyers have asserted mental illness as a defense, had sought to have charges against him thrown out based on a ruling in another case in which a man was freed because a judge changed the charge against him from "indecent assault and battery" to just "indecent assault," a crime that is not defined in state law. In that case, the judge determined an alleged perv had not actually physically touched the girl he was charged with committing the crime against, so there was no "battery" to charge him with.

The state's highest court, however, noted that Marzili was formally charged with attempted indecent assault and battery, which is a crime in Massachusetts, and that prosecutors had made a strong enough case to warrant going to trial:

With respect to the element of an "overt act" toward the commission of the crime, no one appears to dispute that the Commonwealth, at least as a matter of theory, can meet its burden; the indictment against the defendant alleges such an overt act in some detail. Nor is there disagreement that the substantive crime of indecent assault and battery was not accomplished.

Complete ruling.

Be the hit of the roast with Paul McMorrow and Lissa Harris's evil creation:

Of course, it helps to remember that state Rep. Marty Walsh of Dorchester is who grabby ex-Senator Jim Marzilli first identified himself as when he found a little bit too much to like about Lowell.

PolitickerMA has the scoop on Marzilli's post-Germany resignation today. No word on how close Dianne Wilkerson is to cleaning out her office.

A Middlesex County grand jury today indicted Arlington state Sen. James Marzilli on charges he went after four women in Lowell on June 3, the Middlesex County DA's office says.

Marzilli is formally charged with "annoying and accosting" three women and indecent assault and battery, disorderly conduct, resisting arrest and annoying and accosting a person of the opposite sex in connection with a fourth woman.

Prosecutors allege he complimented one woman on her butt, asked another if she were wearing underwear and started coming at the third. In an attempt to get him away, prosecutors say, the first woman yelled "Listen, take $20, go up to Merrimack Street after 5 p.m. and get yourself a hooker" at him. Prosecutors claim he then sat on a bench next to the fourth woman and attempted to "grab her in a sexual manner," at which point she screamed and fled into a nearby building, outside of which Marzilli then allegedly began waiting for her. When police arrived, he attempted to flee, prosecutors say.

More details from the DA's office.