James Klingensmith, who attempted to run for West Tisbury select board with a cloud of a criminal charge over him, was found not guilty of assault and battery last week by Judge Benjamin Barnes.
Klingensmith, 69, who faced an assault and battery charge from a fellow housemate at 300 State Road in Vineyard Haven, prevailed in a bench trial after Judge Barnes weighed arguments from prosecutor Matthew Palazzolo and defense attorney Casey Dobel and testimony from Klingensmith and the woman.
Palazzolo argued that nobody disputes there had been a disagreement between the woman and Klingensmith about a door during a storm on Oct. 27, 2021. Among other things, Palazzolo argued 911 calls support the victim’s assertions in the case that Klingensmith assaulted her in the course of the disagreement about the door, though it was Klingensmith who called police two minutes before the woman.
During testimony, the woman said Klingensmith confronted her as she attempted to lock the door that kept blowing open in the wind from a storm. “I went down to deadbolt the door and Mr. Klingensmith blocked my ability to do that. He literally stood in front of the door. That’s when he poked me, chest-bumped me, and was screaming in my face that he was going to punch me in the face.”
Dobel pointed out discrepancies between what the woman told a 911 operator, what she told police, and finally what she testified to under oath, saying that it was during testimony that the woman alleged being “poked” by Klingensmith. “We have demonstrated ample motive and opportunity for [the woman] to lie,” Dobel said in her summation.
Under testimony, the woman acknowledged that she previously held the position of property manager, and had been replaced by Klingensmith. The job came with a rent-free room. She disputed that once Klingensmith replaced her, the building’s owner, Trip Barnes, expected rent payment.
Trip Barnes, who is not related to the judge, has told The Times that he did ask for rent from the woman, and she has never paid. He is attempting to evict her.
During his testimony, Klingensmith, who was recovering from surgery at the time of the incident, said it was the woman who assaulted him. “I closed the door. She told me to use the deadbolt,” Klingensmith said. Klingensmith said he told her they weren’t using that deadbolt, and he would have it removed: “That’s when she flipped out and pushed me into the wall with two hands.”
Tisbury Police Officer Jonathan Goeckel testified on behalf of the two officers who were at the scene. Goeckel gave no reason why they arrested Klingensmith over the woman in the he said/she said, other than they wanted to remove one of the two parties to keep the peace and based on their interviews, they believed “Klingensmith had made the first physical motion toward her.” He acknowledged that neither officer witnessed the physical altercation.
Dobel argued the victim wasn’t credible because her statements were inconsistent. She also offered evidence of a pattern of evictions and restraining orders involving the woman, and at one point caught the woman in what she called a “lie” as she alleged that she had never been issued a restraining order to stay away from the building’s owner, Trip Barnes. She was issued a no-harassment order. She also argued the victim was in fear of being replaced as property manager and would have to pay rent, and therefore had motive.
“[The woman] was desperate to avoid being evicted for the sixth time in seven years,” Dobel said during her opening statement. Then during her summation, Dobel said, “The inconsistent statements are numerous. There is ample evidence to show she is not a credible witness.”
Judge Barnes, after a recess, found Klingensmith not guilty.
“I think the whole thing was a waste of time because of the lies and the poor judgment by the Tisbury Police,” Klingensmith told The Times.
Asked if they got the wrong person, Klingensmith said, “Absolutely.”
Klingensmith plans to run for county commission as a write-in candidate for West Tisbury now that his name has been cleared. “I know it hurt me,” he said of the West Tisbury select board race. “I was told by a member of the League of Women Voters she wouldn’t vote for me because of it.”
George Brennan contributed this report.