Legal Question in Criminal Law in Massachusetts

It's hard to give a precise answer without more details, but here is the gist.

A "lobby conference" is a very common practice during the course of negotiations in a criminal case. Lobby conferences serve many purposes, not the least of which is the ability to have a more candid conversation. In order to confer with the judge in chambers, all parties must be represented. Single party communication (called "ex parte") is not permitted. The defendant is not required, and in most courts not allowed, to be present in the lobby. He is represented by counsel and that is sufficient. His attorney's job is to advocate for him and a lobby conference sometimes is the best forum to do so.

If the wife is taking the marital privilege and he is still looking at 18 months, this must be a very bad domestic. Usually, without her testimony, it would be very hard to prove the case without other witness that were present at the time of the alleged incident.

In my opinion, a judge cannot impose a restriction that would interfere with marital relations. The whole reason that the marital privilege exists is to prevent marital discord by forcing a spouse to testify against their significant other. It seems to me that a judge ordering that spouses stay apart (against their wishes) would fly in the face of this principal that's existed for years.

Lastly, I'm surprised that, given recent supreme court decisions about hearsay, a judge would allow an excited utterance into evidence. But I'm sure that his attorney has already litigated this point thoroughly.

It is "legal" because the Defendant gets his right to face the witnesses at trial, which is the Defendant's ultimate right. Defendant need not agree to any "deal" made in the lobby conference if he doesn't wish to do so, because the Defendant always has the trial as the final trump card. Having sat through dozens, if not hundreds, of lobby conferences, I can tell you that the "deal" that came out of that conference is likely a combination of what the prosecutor's office wants to achieve, advocacy by your attorney, and most importantly -- a nod about what the court is or is not willing to accept from the judge. If the lobby conference judge will also be the trial judge, it's important to read into that message and weigh your trial risks accordingly.